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My wife at the age 0f 22 and my child at the age of 1 month have entered to united states without inspection and be caught by bo

Alpharetta, GA |

border patrol.my wife lied to them saying she was from honduras and they gave her a paper for her to attend a court she didnt show up.was my child deported on abscence like her mom? cause i know she had a order of deportation on her abscense? thanks

Attorney Answers 4

Posted

You didn't say anything about your status.

This could be a big problem ... talk to an attorney.

Franco Capriotti - Senior Legal Counsel - Capriotti International Law – 503-803-0055
SKYPE CONSULTATIONS AVAILABLE - franco@capriotti.com - www.capriotti.com
We are not geographically limited ==> Our licenses allow us to represent people worldwide.

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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2 comments

Asker

Posted

i have a work permit by order of supervision

F. J. Capriotti III

F. J. Capriotti III

Posted

Great. Talk to an attorney ... there are many low-cost attorneys available in your area.

Posted

Hello,

Unfortunately, yes, it is possible that your child may have been ordered deported in absentia if she also was placed in immigration court proceedings. Usually, children who are caught together with their parents also are issued notices to appear for court together with the parent(s).

I agree with the advice of my colleague that this is a matter needing legal attention. There are several good immigration attorneys in the Atlanta area, as well as some non-profit organizations with attorneys on staff. For assistance locating them, you can look here on Avvo, at www.aila.org, or www.immigrationlawhelp.org.

Best wishes,
Jennifer

Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not constitute legal advice or create an attorney/client relationship.

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2 comments

Asker

Posted

just one more question to be clear if my child has order of deportation , will she elegible for deferred action since she is being here since 2005 and she is 7 yrs old, she is in school,

Jennifer Doerrie

Jennifer Doerrie

Posted

*Possibly* The current deferred action for which applications start on August 15 has a minimum age requirement of 15 years. However, for persons younger than 15 years who are in court proceedings, it may be possible to obtain deferred action. That is one of many reasons why it is important that you get good legal counsel to try to resolve your daughter's situation.

Posted

You should contact an immigration attorney right away to discuss the matter.

Depending on how long ago the order of deportation was entered, there may be limited options available to reopen the case, but depending on your status there may be things that can be done. It is possible that there would be more options for your child than for your wife. Speak with an immigration attorney right away. They can review all of the details of your case and advise you how to proceed.

Jamie Hernan
Hernan Law Firm
Roswell, Georgia
Serving immigration clients throughout Georgia
Telephone: (678) 275-4000
Free initial consultations

DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.

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Posted

The answer really depends on when and why your wife failed to appear in Immigration Court. It's tough to make a recommendaton on that issue without knowing more facts. If your son was not named in the removal proceedings, he was not ordered removed. You don't mention your status. Are you a U.S. citizen? If so, your child may have U.S. citizenship. An immigration attorney whould be able to asssist you in regard to the above issues.

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