Can they deport my son?

Question

I was married to his father and then we filed for separation last year. My son is half american and half mexican. He doesn't' understand much english though. I don't want them to deport him with his father though. If he goes he might not come back....

Answer 1

Depends on his citizenship. If he was born here then he can stay here.

Answer 2

Three questions need to be answered
1. Was he born in the US?
2. If not, did you register him as an American Born Abroad?
3. Who has custody?

If you son has an American birth certificate, through 1 or 2, and you have custody, your son cannot be legally deported. If your son does NOT have an American birth certificate and your husband has custody, your son can be deported. If your husband has custody and your son has an American birth certificate your son will not be deported, but the choice of his nation of residence belongs to his father who can take your son with him if the father is deported. If you have custody and your son doesn't have an American birth certificate he can stay until he is no longer your dependent if you take no action to make him an American citizen.

Depending on his age, it may not be too late to register him as an American Born Abroad.

Answer 3

Yes they can deport your son, if he was born in a foreign country. They can deport your son, if he was born in the USA, is under the age of 21, and his parent(s) are here illegally, and they are deported.
You never said how old your son is.
If your son is over the age of 3 has been born in the USA and doesn't understand much English, what kind of parents have you been! Shame on you.

I notice in a couple of your other posts you said different things, so who knows what is the truth and what is a lie.
In one you wrote "Please don't deport me, I have to pay for my entire family (15+) in another country." In this post you say you are "American, and your husband is Mexican". Why would an "American" be deported, or have to support an entire family in a foreign nation?

In another post you wrote this: "I am Native American. On the reservation...you have to meet Low-Income requirement to live on federally portected Native American Reservations."...and then " I was overwhelmed at how many hispanic people were in the city, It made me proud..."
Mexicans are not indigenous to the USA.
Hispanics are indigenous to europe, not even to America, why would you be proud of hispanics if you are US Native American Indian?
If you are hispanic, and you can be deported, and you are not US Native American Indian.

You have to be a member of the tribe, to which the reservation belongs, to own a house on the rez, there are no low-income requirements for members of the tribe.
Many Mexicans try to pass themselves off as U.S. Native American Indians. Mexicans are not native to the land which is the USA, Mexicans are Native Mexican indios, and there is no "reservation" for native Mexican indios in the USA, because Mexican indios are not indigenous to the lands of the USA.

How can you be deported if you are a U.S. Native American Indian?
If you are a Native Mexican Indian, why are you applying for "indigenous" assistance programs, and why are you trying to get into a low-income house on US Native Indian reservation lands?

If you get deported, you deserved it.

Answer 4

Depends on if the child was born here or not,if he was,he cannot be deported. Does he live with you or your ex? If he is also an illegal and lives with his father,then I guess they could.
Why doesn't your child understand English if he lives in the US? That is just wrong. We speak English in this country,allowing him to speak Spanish only is of no advantage to him

Answer 5

Is he an American citizen? If so he can't be deported, even if he doesn't speak, at all.

However, you are really hurting his chances of success by not teaching him English. Go to greatschools.net and look up the comparative test scores between English language natives and English Second Language students, it is in the 'teachers and students' link for each school, or school district, you look up.

Answer 6

Why does he not know much English?
Were my tax dollars not used to educate him in America (an English speaking country)
Now you see why we don't want people here illegally, they have no interest in assimilating into this country- You're American and didn't teach him English?!
I guess you didn't plan on him making much of a life for himself here in America- he might as well go back to Mexico with his criminal daddy.
I'm sorry this just absolutely infuriates me- in America and " doesn't speak much English"
What did you plan on him doing for a career-
pick produce or work in a Mexican restaurant?
I guess sending him to college is out of the question-

Answer 7

I'm no immigration attorney, but as best as I understand the law, he is an American citizen because his father is a citizen and because, I'm assuming he was born here. Please place him in an english as a second language program so he will have every opportunity to be successful here. He is not here illegally and should be able to take advantage of the opportunities that being an American citizen affords him.

Answer 8

If he was born here, they can't deport him. However, if he is an illegal alien, like his father, kiss him good-bye - he can be deported. Sorry but he SHOULD be deported.

Answer 9

If your son is american he can not be deported.

Answer 10

Was your son born on American soil? If yes they cannot deport him, if no get him a green card now.

Answer 11

they wont deport him if he was born in the US