QUESTION
Can my husband deport me anytime he wants without legal separation or divorce?
Asked on Aug 16th, 2012 on Immigration - Texas
14 ANSWERS
William C. Gosnell
No.
Answered on May 24th, 2013 at 2:35 AM
NO, he cannot deport you. You can only be deported by the US government if you are found to be deportable.
Answered on Sep 05th, 2012 at 10:59 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your husband cannot deport you, only the government can. However, if you do not have a green card and are here illegally, your husband can inform ICE and it will be up to them whether or not you should be placed in removal/deportation proceedings. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Aug 21st, 2012 at 11:59 AM
Thomas J. Rosser
No. Only the US government can initiate removal procedures. However, if your spouse is threatening you/abusing you he may also be capable of reporting you to immigration authorities and creating a situation that could lead to the initiation of proceedings against you if you are not in this country in documented status. You should contact a competent family law practitioner and receive professional advice about your circumstances, including potential coordination with experienced immigration counsel regarding possible self-petitioning immigration options for you under the guidelines of the Violence Against Women Act (VAWA) of 1994.
Answered on Aug 20th, 2012 at 12:21 PM
Your husband has no authority to deport you anytime he wants. Only the Department of Homeland Security can deport you. If you are afraid of your husband, please seek the assistance of the police or women's group. If you are here illegally and married to your husband and if he is a United States cititzen, you don't need to depend on him to gain status in the US legally. Please consult all possible community resources to assist you in your situation. May God Bless you.
Answered on Aug 20th, 2012 at 9:36 AM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
No. Your husband is not U.S. Immigration. If you are being abused, you should apply for the battered spouse petition. Battered Spouse Petition Being battered by or subject to extreme cruelty includes such matters as being the victim of an act or threatened act of violence including forceful detention which results or threatens to result in physical or mental injury. Psychological and sexual abuse or exploitation constitute acts of violence. A Battered Spouse Petition can be filed either by the battered spouse or a battered child. First, USCIS will determine if there is a prima facie case, and if so, will decide whether to approve the petition. The person who committed the abuse will neither be part of the petition or notified that the petition is being filed. If this petition is approved, then it becomes possible to file for adjustment of status to that of lawful permanent residency.
Answered on Aug 20th, 2012 at 2:21 AM
Your husband cannot deport you. But to be able to answer your question more fully we would need more information about your case.
Answered on Aug 20th, 2012 at 2:05 AM
Criminal Immigration Law Attorney serving Chevy Chase, MD
at
Chirag V. Patel, P.A.
Update Your Profile
Yes, he can put you into removal by revoking the relative petition he filed. This will infer that you committed marriage fraud and you will be put into removal proceedings. You need to speak with an immigration attorney to find a way of obtaining legal status that is independent from your husband (U visa, VAWA, etc.).
Answered on Aug 20th, 2012 at 1:50 AM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
No, he cannot. Moreover, I suggest that you should discuss your situation with an immigration attorney, because there is a possibility that you can apply for a green card without your husband's help or cooperation.
Answered on Aug 20th, 2012 at 1:45 AM
1 Award
No, deportation is conducted by the United States government, not private citizens, and removal proceedings will not start without legal separation or divorce. After being married more than 2 years with a green card, your husband will not be able to affect removal proceedings, even with a divorce.
Answered on Aug 20th, 2012 at 1:33 AM
Your husband has no authority to deport you only ICE or an Immigration Judge can order you deported. Generally, if you have not committed any other crime than entering this country without inspection it is unlikely you will be deported. However if you receive notification to appear for removal proceedings then I would highly recommend you contact me or another immigration attorney to assist you in fighting deportation.
Answered on Aug 20th, 2012 at 1:30 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
Your husband can't deport you. Only ICE has that authority.
Answered on Aug 20th, 2012 at 1:30 AM
Sorry to hear you are having problems with your husband. An individual cannot deport a spouse, only the U.S. federal government agency that handles removal proceedings and processes can cause someone to be "removed." You did not provide information about your current status and circumstances, and I presume that your husband is a U.S. citizen, that together you have applied for and achieved Conditional Resident status, and that your husband is not cooperating in jointly filing a "petition to remove condition." If that is correct, then please be aware that a Conditional Resident who becomes divorced generally can succeed with a petition to remove condition filed by herself along with a request to waive the usual requirement that the couple file such a petition together. Strong evidence of the bona fide nature of the marriage would be required. There is no substitute for engaging an immigration attorney to carefully review the relevant circumstances and details in order to provide advice about immigration eligibilities, options and strategies.
Answered on Aug 20th, 2012 at 1:26 AM
Bruce A. Coane
Of course not. Sometimes a disgruntled US Citizen spouse will lie to immigration and say that you married him just to get a green card. But, assuming that's not the case, and assuming the government prosecuted you in immigration court, you would likely win because they can't prove something that isn't true.And, of course, there is always the requirement of due process, meaning a deportation case must go through the courts and that takes a very long time, assuming you have a competent attorney representing you.
Answered on Aug 20th, 2012 at 1:24 AM