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Can my illegal immigrant wife take my US citizen children back to her country without my consent? she is being deported.

Jackson, MS |

we have been separated 8 months. she did not finish her paperwork. can she legally take my children who are us citizens back to her country? do i need to establish custody before she is deported. also their passports have expired. Do both parents have to be present to renew them?

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Attorney answers 4


These questions need to be addressed to the family law or child custody section, as they are not immigration law questions.

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.


Not an immigration law question.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


Hi, I modified the practice areas so you'd get family law attorneys. The questions are good ones, just not for immigration lawyers. Sorry.



Thank you!!!


You need a TRO as well as a divorce action to gain custody now. Please contact an attorney now so custody can be established NOW

The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.

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