I'm US CTZN, can my wife be deported cuz her permament resident card expired. Could she run off with our child
Answer:
You need to get a lawyer. She needs to file a Form i-751, but through a lawyer since her permanent resident card expired. With that form filed, once approved, she can ask for the conditions of residency to be removed to allow her to apply for naturalization. There are several other forms that should have been filled out by you, the husband, in order to change her status:
I-130 Petition for Alien Relative $190
I-131 Application for Travel Permit $170
I-485 Application for permanent Residence $325 (+$70 for biometrics)
Supplement A to Form I-485 Adjustment of Status Under Section 245(i) $1000 (up to immigration official if this has to be filed or not - usually dont bother if overstayed under 10 years)
I-765 Application for Employment Authorization $180
If you fail to do this, then she will be forceably deported and not allowed to return to the US for 3 to 10 years (typically 5 to 7 years). Whatever she does do NOT allow her to leave the country WITHOUT doing any of the above first!
The child is a US citizen and cannot be removed from the country without a valid US passport. If the mother decides to quickly vacate the country without going through the Immigration paperwork, the child will NOT be allowed to travel with her, since she will be a criminal being deported.
In the end, do NOT let her leave the country! That would be the WORST thing you can do! Get the adjustment paperwork done! Then you both wont have to worry anymore!
If it's called a PERMANENT resident card, I don't see any problem.
And who put you into this situation?
And why should anyone care?
Even if her card is expired you can still renew it. Even if she cannot renew it you could petition for her to get another. Form I-130 on uscis.gov
If you do not understand the whole process I suggest you find a good attorney that specializes in immigration issues.
Good luck to you. :)
Edit: FYI: A PERMANENT Resident card is NOT permanent. Those cards expire after 10 years. I don't think that is what she had if it expired after 3.
Should have thought about that 2 years ago, eh magoo? She may have to go, but I think you'll get custody of the kid, and yes, she'll probably be able to return, provided she is not a felon...people need to figure this crap out before it's too late, Jesus, two years and you're down to the last second, and a child is involved. I can see your priorities.
I don't believe it. If you are a citizen and your wife had a green card, she'd have a permenant one after 2 years of being married to you. Unless you married after she was already illegal. In which case you should speak to an attorney, not to us.
I don't think there will be a big problem about her getting anothe card.Since she already had a permament one. If you are married with a kid.I would talk to a lawyer just to be safe.
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