Legal Question in Family Law in Texas

US Born Child held in India

I am an Indian married for the past 5 years to a Indian girl. I work in USA on H1 VISA. She is on H4 Dependant VISA. We have a 2 year old girl daughter and she is a USA Citizen. Myself and my wife both love each other and as a family with kid we have led a successful married life.

For the past 7 months my wife is in India with my daughter. She along with her parents are blackmailing me to come there to India which I don't like. They have held my daughter(USA Citizen) in India for this purpose. My daughter has gone to India using PIO card(Indian VISA) which is valid for 180 days of stay. According to Indian law, she should register the PIO card within 1 month after the expiry of 180 days of stay, which they didn't do.

How can I bring my daughter and wife back to USA?. I love them a lot. My mother-in-law, Father-in-law and brother-in-law are blocking them to come here and my wife being a bit immatured is on their side.


Asked on 11/09/05, 12:15 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: US Born Child held in India

This is a very difficult area of immigration law, that often has disappointing results. Have you contacted the embassy? Sometimes embassy intervention is helpful, if you wife wishes to return to the US. Unfortunately, since there is no court order, she has the same legal parental rights that you have. As such, she can travel with the child and remain in India, unless and until there is a court order saying she cannot. You can retain an attorney to file a SAPCR in a Texas court and ask for an order that the child be returned. This is difficult to accomplish on several levels, including you are not a permanent resident of the US, and will eventually be returning home, your wife may not back up your version of events, and a Texas court order may not be enforced in India (will also require Indian counsel). As you may surmise, you are dealing with an extremely expensive and time-consuming effort. I would require a $5000 retainer. Please let me know if you have additional questions. TCL

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Answered on 11/09/05, 12:32 pm


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