been together 17 years have 3 children one of which is autistic. Father has never wanted to marry mother using her status as blackmail always threatening to take kids away, and deporting her. mother has been scared to take any action for those reasons. what can she do?
Contact a divorce attorney or domestic relations attorney for custody issue for the Immigration issue contact an Immigration lawyer.
You will likely need an order of protection from the father of the children. This should not result in deportation actions, but it seems that you are the victim of domestic abuse if he won’t marry you.
If he has beaten you, you should file a complaint with police and seek help from police to find you a women’s shelter. Otherwise, you will continue to be a victim and so will your children. Police may also help you seek a not for profit immigration help. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
No, father will not be able to legally assert her lack of immigration status and "take" the kids away. Mother should hire a competent family law attorney right away to assert her rights in the "best interests" of the children.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and 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.
Since family law varies by the state, I think you would be best served by contacting a family law attorney who is based in your home state for the custody question. If there has been battery or extreme emotional cruelty by the father and he is a permanent resident or U.S. citizen, she may qualify to self-petition under the Violence Against Women Act. You should consult with an immigration attorney to determine if she qualifies.
If you find my answer to be helpful, please mark it as such. The opinions expressed by Joanne Tinsley, Esq. are made based on a general understanding of the topic at hand and without the benefit of knowing all of the pertinent facts of your case. Her answers do not establish an attorney/client relationship.
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