Can my wife be deported?

[Brasil 0]

Back on feb 6, I wrote on this form,about my wife going to Brasil and not returning with our child. On March 8, I obtained a sole custody order of our child along with filing for divorce, I returned back to the U.S. with the child using self help measures on April 5, Me and my wife have been married for for a little over 2 years, she obtained her conditonal permenate residence visa thru marriage on March 23, 2004 on December 28, 2005 I filed a petition to have her conditions lifted 90 days before her 2 year green card expired. Since she has pulled this ####### about not returning to the U.S. with our child and destroyed the family, I don't wish to be in the marriage any longer. Can she be deported since I filed for divorce 2 weeks before the 2 year greencard was to expire and the conditions of her visa was based on marriage that soon will no longer be? I have not returned home yet to look at the mail and see if the interview was wavied or if her petition was approved, I won't be home for another week, altough I am curious to know what others have to say. Thanks

[meddykomp 0]

Is she in the US?

[Brasil 0]

Is she in the US?

Yes, she is here staying with friends, waiting to steal our son and take him back to Brasil.

[meddykomp 0]

Do you have a restraining order?

I do not really know whether she would be deported or not, though it seems like if she broke laws that she would be.

[sparkofcreation 0]

Deportation is *way* down the line. First, since the petition was already filed, she may just be approved. If she's not approved, then she could appeal that. If she loses the appeal she'll be asked to leave (nicely--not deported). She could try to find some other way to stay in the US. If she doesn't, and doesn't leave, then deportation hearings would start. If an order of deportation is entered, she can appeal. So on and so forth.

It takes a long time to be deported. I've heard upwards of a year (from the start of the deportation process, and she's nowhere near that yet) although that's hearsay.

I would suggest that if the USCIS has sent her any mail to your house, you better make sure she gets it. I would have to assume interfering with the USCIS's business by interfering with the USPS's business is a federal crime. At the very least, don't open it, write "No longer at this address--Return to sender" on it and stick it back in the mailbox for the postman to take.

You could probably write to USCIS and withdraw your support for the petition, though depending on your service center, it may be too late.

And yeah, go ask for custody/visitation arrangements to be supervised or whatever. Is your son living with you or with her? By default parents can't take a child out of state unless the other consents, and I'm amazed she managed to get him out of the country without your permission because airports are supposed to require notarized letters from the parent who's not with the child.

Get a divorce lawyer if you don't have one already. I wouldn't be surprised if she had a sole-custody order from Brazil, and you could find yourself charged with kidnapping (assuming I'm correctly understanding "self-help measures").

[sparkofcreation 0]

Oh, I wanted to add that it's really in your best interests for her to stay in the US. Parents have an absolute right to raise their own children except in cases of irremediable abuse or neglect, so if she gets deported, you're going to have to send your son to her on a regular basis since she won't be able to come back here to see him. If she stays in the US, so would he and she couldn't remove him.

[UmmSqueakster 54]

If you have the resources, I would definately retain the services of a lawyer who is experienced in both family law (for the divorce) and immigration law. You'd be killing two bird with one stone then, and would hopefully be getting sound legal advice from a reputable source.

[Jasman0717 9]

I suggest you seek legal assistance, this could be very complex