Re: Crossing the Border

More | Report Post

Dear Marie,

1.What was the reason for the deportation?
2.Which country is your husband from?
3.Did he enter here legally or illegally?
4.Did your husband see an immigration lawyer during and
after the process?
5.If yes, what options did he have?
6.What is your status; US Citizen or permanent?

Anyway, the deportation is the expulsion of an alien who
entered illegally, or entered legally but has done something
to become deportable. With few exceptions, any violation of
the conditions of a visa, no matter how minor, is grounds
for deportation to a person's country of origin. Conviction
for any crime but the most minor also is grounds for
deportation. Deportation can delay an alien whose long-term
goal is to live permanently in this country. After being
deported, aliens are forbidden to re-enter the country for
five years. Aliens deported for aggravated felonies, such as
drug smuggling, are barred from re-entry for 20 years or may
be barred permanently. The delay in returning to the United
States may be even greater for aliens from countries with
long waiting lists. Returning home under a deportation order
may result in the embassy's refusal to entrust the
individual with another temporary visa.
There are a number of remedies to deportation, especially if
the deportable person has lived in the United States for a
long time, building a life that demonstrates good moral
character. Even if the deportable individual has not been
here long, there may be certain waivers or defenses to
deportation. Among the most common is asking the court
for "voluntary departure," which allows the individual to
depart the United States on his or her own. However, still
does not give him the right of ways to return to the US.
What you have to seek is a legal advise from a good
immigration lawyer to see what are your options (I mean
experience immigration lawyer).
If you are citizen of United State you can go anywhere you
want and come back home (such remember your passports and
your child passport and others documents to carry with you).
For your daughter you can file a partition in court to
travel with her unless the father agree in writing for you
to take his daughter with you outsite the US(this is all
depend on the condition of previous court rules in your case
if any with regard to visitation and child support etc). To
be safe come back to the US for the birth of your child so
you can avoid future paper work for your newborn.

Thanks

On 1/11/07, Marie wrote:
> My husband is getting deported within the next two weeks.
> I have a daughter that's not his and am pregnant with one
> of our own. In my divorce papers it states that I can
> leave the state without permission, but does that count
> the country? I just want to go back so we can file his
> papers and begin the process of him coming back. I don't
> know if I can cross with her, we don't even know where her
> father is, so I can' get written permission. I don't have
> any family where i live besides my husband, I can' stay
> here without him. I'm really worried about this.