My husbands sister is with a mexican who is not legal. They have a 9 month old son together. He just got arrested on a warrent and are going to deport him back to Mexico. She is only 19 and needs her babys father in her life. What rights does she have or how can they keep him here??? If they got married could he stay? Any help would be greatly appreciated!
2007-09-02 07:30:31 · 12 answers · asked by Sadbrowneyes13 4 in Politics & Government ➔ Immigration
NO>>>NO>>>NO>>>>>deport his a$$.........she doesn't need someone who is going to be in and out of jail.....just have him deported
2007-09-02 07:37:44 · answer #1 · answered by Anonymous · 7⤊ 2⤋
You need to understand they did the wrong thing. It's really sad, but he was illegal, he broke the law. Having an American born child does not give him the option to become a legal resident.
I don't think getting married now will help in any way and might make things worse for your sister in law. If they had done it before he was arrested it would have been different.
She should have known better when she did what she did. I'm sorry to say, but bringing a child to the world in those conditions was a very irresponsible thing to do.
Maybe she can move to Mexico with him, get married and from there start the paperwork to bring him into the country. It's really a difficult case.
.
2007-09-02 14:36:22 · answer #2 · answered by Anonymous · 8⤊ 1⤋
I've heard this from an immigration lawyer. What she can do is marry him as soon as possible. Find a lawyer to stop the deportation and put him in deffered action. Submit the petition for adjustment status and the proves that she get married is not only because to stop the deportation but you guys married in a good faith, baby birth certificate shows he is the father, pictures of you guys as a happy family, love letters, and marriage certificate. This country is melting country, Any race should have right here.
If they got married without submit the petition right away, It will be the same case. They will deport him. Once he got receipt notice of adjustment status, he has spouse visa status here.
It will be almost imposible without help from the lawyer to fight with the government. I really suggest she should find one. Otherwise find the free lawyer.
If all the above she can't do it, the worst thing, she should go to mexico to be with her man and apply the petition from there.
Good Luck!
2007-09-02 15:18:50 · answer #3 · answered by RD 2 · 1⤊ 2⤋
All she can do is petition him as a spouse, and a stay may well apply since he is in deportation procedings. If he came legally to begin with and overstayed he may have more options than if he didn't, but a stay after deportation is 10 years (you can apply for a waiver after 5 years.) She needs to speak to an immigration attorney, but may have to move to Mexico to be with him.
2007-09-02 14:35:38 · answer #4 · answered by DAR 7 · 6⤊ 0⤋
What rights does "she" have?
He had the right to enter the USA legally.
She had the right to not get pregnant at 18 with an illegal alien, didn't anyone ever teach her about family planning and birth control? How about some common sense?
He has the right to be deported for violation of United States federal immigration laws.
If the warrent is a felony, he cannot ever step foot in the United States for the rest of his life, and there is nothing she can do to help him.
She can go to Mexico with their kid and they can be together in his own country.
2007-09-02 14:37:53 · answer #5 · answered by US_Justice_101 2 · 10⤊ 1⤋
i found the following. marrying will not spare him as there are many people who are separated and are married. the criminal act of being here illegally plus and depending on what he did to have a warrant issued are not good. an attorney will cost money and i suspect she needs him for the money he contributes to the household. her only choices now are to leave him, go to mexico or forget about him and go on with her life as it will take him years to get back to the U.S. if he can at all. talk to an attorney first as depending what he did he may never be able to come back to the U.S or it may be years before he can and to marry him may only complicate things. she has already made multiple mistakes in her choice of who to have a kid with and getting involved with a person who's ability to be here was in question. what if he is gone for years or is barred from reentry, does not want to go with him and she meets someone else she wants to marry see how messy it could get. again an attorney first.
2007-09-02 15:35:54 · answer #6 · answered by T 4 · 2⤊ 0⤋
I guess she can pack her cloths an go with him as he was arrested an being deported,They can put him in prision then deport him< She has made 2 big errors best of luck>>?If she is thinking of going to Mexico best check if his family or wife will except her,As there funny about these issues an they can get married there>?
2007-09-02 14:38:52 · answer #7 · answered by 45 auto 7 · 7⤊ 2⤋
He is a criminal, deserves to be deported.
If he was American, committed a crime and was about to be imprisoned would you be so adamant to keep him at home with her? I doubt it.
But the principle is the same. Don't break our laws, and if you can't come here legally, stay out.
Your sister-in-law made a poor choice of father for her baby.
2007-09-02 14:37:02 · answer #8 · answered by NoAmnesty4U 3 · 9⤊ 1⤋
the bottom line is he should not have broken the law-if he hadn't there would be no worries-the guy should stop looking for sympathy and accept the consequences of his actions-if i were in his position with a kiddie on the way no way would i step out of line-i have my family to think of and i would work hard for them (legally)-i notice nobody spares a thought for the people he broke the law against-he has no-one to blame but himself.
2007-09-02 14:43:52 · answer #9 · answered by tony c 5 · 6⤊ 0⤋
You have to visit a lawyer.If you don't have money for it,look for a local community center that offers free legal advise.She can't marry him at this point but there is a way to get around that with humanitarian case
2007-09-02 14:36:04 · answer #10 · answered by RX 5 · 2⤊ 3⤋