QUESTION
Can my husband kicked me out of the house and not let see our sons because I was illegal?
Asked on Jul 07th, 2013 on Divorce - Massachusetts
More details to this question:
My husband just told me that he wanted to divorce me and want me out of the house by August 1st. He brought me to the states from Europe but he never got the green card for me. Now he wants me to leave and to leave our boys with him and said I won't be seeing them for 10 years because I'm illegal.
4 ANSWERS
Carolyn Roschelle Jones
You need call a immigration lawyer as soon as possible.
Answered on Jul 10th, 2013 at 10:55 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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In Nevada he cannot force you to leave the house and the children. You should speak to an immigration attorney immediately to find out what your options are.
Answered on Jul 10th, 2013 at 10:52 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, even if your husband owns the house in which you and the children reside (in other words, the house is titled his name and not in both of your names), you have a right to reside in the house as his spouse. He cannot "throw you out" of the house merely because he is the title owner. The fact that you are or may be in the country illegally, however, is a different matter. I am not an immigration attorney, so I don't know what the implications of you being married to a citizen while being illegal alien yourself. I would not be surprised, however, if your husband can notify immigration authorities of your illegal status which could result in your deportation. I would recommend you speak with a good immigration attorney immediately.
Answered on Jul 10th, 2013 at 11:11 AM
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You really need to meet with an immigration attorney as soon as possible to address your immigration issues. Also, I recommend that you not leave the marital house or your children with him, especially if you have been the children's primary caretaker. If he becomes violent, you should call the police and obtain a restraining order, which would also require him to vacate the marital house. Later on, if you need to leave the United States, you should make sure to obtain a court order to take the children with you- or at minimum, not leave without significant, enforceable parenting time with them.
Answered on Jul 10th, 2013 at 9:22 AM