Can someone who is married to someone who has a green card and a child with them be deported?

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Originally Posted by jeanniebeannie2

Can someone who is married to someone who has a green card and a child with them be deported?

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I don't understand what you are asking - if you are asking if a person with a green card, married to a citizen, those 2 people have a child, can the person with the green card be deported, my research says the answer is yes.

I believe the question is asking if an illegal immigrant is married to a permanent resident (person with a green card), can they be deported.

... answer is yes.

If a person is a illegal immigrant, they can be deported no matter who they are married to, they can be married to a US citizen and have 4 kids together but if they are not in the US legally, they can always be deported

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Originally Posted by jeanniebeannie2

Can someone who is married to someone who has a green card and a child with them be deported?

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If you're illegal alien and married to a greencard holder, it takes up to 5 years for you to become a permanent resident and if you overstayed, it will trigger a 3 year or 10 years ban depending on how long you have been in US illegally.

In most cases, you will be deported and will have to wait for immigrant visa outside US, plus you will need to get an immigration attorney to help filing a waiver. Otherwise, you will have to wait until you complete your term.

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Originally Posted by lawanwadee

If you're illegal alien and married to a greencard holder, it takes up to 5 years for you to become a permanent resident and if you overstayed, it will trigger a 3 year or 10 years ban depending on how long you have been in US illegally.

In most cases, you will be deported and will have to wait for immigrant visa outside US, plus you will need to get an immigration attorney to help filing a waiver. Otherwise, you will have to wait until you complete your term.

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Lawanwadee - in this situation where, say, it's the mother who is the illegal alien and there are small, dependent children born in the US - what happens to the children when the mother is deported - ?

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Originally Posted by JudyKayTee

Lawanwadee - in this situation where, say, it's the mother who is the illegal alien and there are small, dependent children born in the US - what happens to the children when the mother is deported - ?

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Sorry I did not realize the actual situation...

In case the mother is deported, there are 2 scenarios...

If the child is US citizen by birth, she has to choose whether to leave with her child or leave him/her with foster family in US. The child will be able to file a petition for his/her mother when he/she reaches the age of 18 and has other qualifications in accordance with USCIS regulations.

If the child does not have any legal status, he/she has to leave together with the mother.. no other choice.

This sounds cruel... but it happens everyday.

As far as I know a spouse of a green card holder gets also a green card but a conditional one for 2 years so that US authorities could see whether the marriage is not fraudulent. After 2 years a spouse gets unconditional status of a green holder. Regardless all mentioned above anybody besides a US citizen can be deported for heavy violation of Laws.