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    beeda2008's Avatar
    beeda2008 Posts: 1, Reputation: 1
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    #1

    Mar 13, 2012, 10:29 AM
    Can I deport my wife?
    My wife and I have been married for 6 years. Currently, she has her green card, but not her citizenship. We havea 3 year old son together. Last thanksgiving, she came and attacked me and was ultimately arrested for domestic violence. Just last month, the judge in the family law court ordered a perm restraining order against her for 3 years, and I have sole custody of our son. I understand that since she is NOT a US Citizen, it is still possible to deport her back to her home country of Guatemala. Can someone help me better understand the laws involved? Thank you
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Mar 13, 2012, 10:47 AM
    Contact the INS for starters... conviction of many crimes will prevent her from ever gaining citzenship... and might even result in revocation of the green card in certain cases...

    Don't rely on the authorities do do it... take the initiative yourself to make sure they (the INS) know.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 13, 2012, 10:51 AM
    You can not "deport" anyone, that is the duty and obligation of the government. You can of course report her to the INS. Do it in writing and include proof of all of the things you have told us.

    Her being or not being a citizen does not give or take away any of her rights in family court, but her attack and actions do.

    Also watch closely that she does not take the child and escape back to her home nation where it would be almost impossible to get the child back.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 13, 2012, 11:14 AM
    Contact US Immigration - USCIS Home Page.

    You, of course, can't deport anyone. They can.

    And, yes, make sure she doesn't take the child with her. Is there a custody agreement IN WRITING and filed with the Court? If not, get one.
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