Reston, VA asked in Family Law and Immigration Law for Virginia

Q: Can I leave US and return to my country of citizenship (India), and have my kids remain there with me?

I, my wife and two kids (8 and 15) are Virginia US legal permanent residents, and we all are citizens of India.

I sponsored US permanent residency to my entire family based on diversity lottery visa 3.5 years ago.

I am not happy at all in the US. I would happily return to my country of citizenship. But, by wife won’t agree to return to India.

Question: Would it be illegal if during our vocation trip to India I refuse to return to the US, decide to keep kids there, and stay in India forever?

I understand my US permanent residency will be affected after one year and I don’t really care. All I care is to live in my country of citizenship with my kids. Will I be able to keep my kids in India? Will she be able to legally move kids back to the US?

I don’t want to break the law, but I want to take advantage of my citizenship status (India) and chose to live there close to my kids and with my kids? What jurisdiction is my family under? US (Perm resident) or India (Citizen)?

Related Topics:
1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: That would be an international kidnapping crime unless you were lawfully granted full custody. It is unlikely that she would be denied joint custody unless she was abusive. In addition, it is likely that it will be in the best interests of the children for them to remain in the U. S.

Sometimes, we all become disappointed with where we are and what is happening. It is likely best to avoid forfeiting your lawful permanent resident status, because it will be extremely difficult to get it back, again.

I strongly recommend an appointment with a competent and experienced immigration attorney, who will spend enough time to review your situation and provide wise legal advice. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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.