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Can i be deported from the us if my spouse reports my overstay to the embassy in my home country?

Macon, GA |

i came to the us with my 1st child in 2011 while pregnant with my second child. before my 6months stay expired, i applied for an extension and got another 4 months and after that another 4months so in total i got 8 months extension for after baby care. prior to my coming here, my husband would always beat me up and abuse me so much that i lost two pregnancies and had a very hard time while pregnant with the first child.with the second child, i spent most of the pregnancy here in the US and away from him and his family so i was ok. now i am scared of going back to my country and in the process, overstayed 5months in the US.he doesnt want a divorce and is threatening to report my overstay to immigrations and US embassy.please what are the options for me and my 2kids?

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Attorney answers 2


You should contact an experienced immigration attorney as soon as possible. If you fear returning to your native country, you may be eligible for asylum, withholding of removal, or relief under the Convention Against Torture. In some circumstances, domestic violence, can constitute persecution.


Being out of status renders you deportable. Whether you are deported depends on many factors.

You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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