Scranton, PA asked in Child Custody, Divorce, Domestic Violence and Immigration Law for Pennsylvania

Q: Can an American citizen have his wife deported to spite her and keep their child?

I have a friend who is a foreign national that has been married for two years and has a son with an American citizen. The husband had an affair and became very psychologically abusive. (He also strangled his mistress and faces felony charges in another state.) Once my friend got a restraining order against him, he has been trying to get the marriage annulled, he has rescinded his wife's application for a green card, and is looking to have her deported and to keep their kid. She doesn't have any money for lawyers, and he hasn't paid support. He spends all his money on lawyers to ruin her life, and has a strong team. He is twice her age. She is living in their now foreclosed home and he lives in another state. She needs papers to survive so she can work and raise her kid. Her husband was recently arrested for violating the restraining order but was quickly released. He won't stop until she's deported, and he has control of all of her resources. How can she get help?

2 Lawyer Answers
Kathryn Hilbush
Kathryn Hilbush
Answered
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: She should see if she can qualify for representation by the legal assistance agency in her county. If not, sometimes the bar association in the county has a panel of lower cost attorneys available to assist in matters, although perhaps not immigration. Sometimes local domestic violence organizations have attorneys to refer her to. Or she can borrow money from friends to retain an immigration attorney who can work to keep her here in the US. That's probably her best resort at his point as she really needs an attorney who's very familiar with immigration laws.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: He cannot get her deported. She might be eligible for assistance with her immigration case as the abused spouse of a USC. She should contact local non-profits that deal with immigration issues. Often the YWCA is a good place to start. For-profit attorneys also do pro bono work.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.