My fiance married an illegal immigrant in Maryland on 3/5/2004. His wife cheated on him and had 2 daughters outside the marriage. The entire time they lived together, she was abusive. In 2007, she kicked him out onto the streets, causing him to be homeless. Since then, he has not had contact with her or the children he claimed as his own. She now lives in Philadelphia, PA. What exactly can he do legally? He wants to get his girls back, but doesn't want to do extra damage. Will he be able to take them back, or will they all get deported?
Answer
This is really a family law question.
If his name is on their birth certificates as the father, & if the kids were born in the U.S., then there is no risk of them getting deported.
Furthermore, I am unaware that the Family Court would even take the mother's immigration status into consideration, unless she was already in Removal proceedings.
He needs to speak with a Family Law attorney in the State where he lives regarding this issue.
Answer
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
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