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My husband's brother in law to whom he applied and now he is permanent residence. now he is treating us with life.

Sacramento, CA |

what we can do? can we file a law suit for his deportation. he is threaten me to kidnap my daughter. please answer. i can not send my daughter out side to play, i am afraid to send her school. my daughter is us born citizen. me and my husband also citizen. help me

i did inform the police. officer made a report. but she told me he just threat you crime has not been committed yet. i have no idea what else i can do to protect my family.

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Attorney answers 4

Posted

Call the police by dialing 911 on the telephone if you feel threatened. The police will take care of him.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

You should contact the police immediately

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Posted

You should contact local attorneys to discuss whether you can ask a court to issue an order prohibiting the brother in law from having any contact with you or your daughter.

The order itself will not keep you or your daughter safe if the brother in law ignores the order. You still need a plan to keep you and your daughter safe.

However, the order will provide the government a basis to charge the brother in law with criminal law violations if he violates the order. Being convicted may expose the brother in law to deportation from the US.

Posted

I would agree with my colleagues that you should definitely consult with an attorney that has experience with both restraining/stay away orders and also immigration law. my office does handle both types of situations and can help advise you of all your legal rights. While a restraining order may just be a piece of paper to the perpetrator, it does give you legal remedies should he violate those orders, which could include deportation. Good luck!

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.mdrmlaw.com for more information about my services.

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