Legal Question in Immigration Law in Ohio

Me and my wife are on the removal process because we violated our F-1 student status. i came in this country in 2005 and have been in school for the last 4yrs. i have been out of status for almost 6 months now. My wife have been out of status for over 3yrs. we have a 3yrs daughter born here, we have no felonies or criminal record.

so please what should we do coz we don't want to go back to Kenya because we want our kid to grow here.

Thanks.

peter.


Asked on 2/25/10, 1:04 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Since both of you are foreign individuals, who have been residing in USA as F1 students for about 4-5 years -- unfortunately, there are not many options available to you. One of them would be to ask the immigration judge to grant you Voluntary Departure, instead of deportation, and voluntarily leave the USA. Of course, you should consult your lawyer about your best course of action.

As to your daughter, as a minor, she can't petition for you. Most likely, she is a dual citizen: Kenya-USA, and should be able to obtain a Kenyan passport to relocate to Kenya with her parents.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

Read more
Answered on 3/02/10, 1:14 pm


Related Questions & Answers

More Immigration Law questions and answers in Ohio