Asked in Child Custody and Immigration Law for North Dakota

Q: What are the rights of a foreign mom to take her child with her in case of deportation, if american husband disagrees?

My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to take the baby with her.

1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.

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