Detroit, MI asked in Immigration Law and Child Custody for Michigan

Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he's

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY

PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT? I lost my income and health insurance do to getting married, 3rd question is CAN HE GET DEPORTED IF WE DIVORCE ? HE HAS MENTIONED



U.S CITIZEN AND PLAN TO DIVORCE ME AND STEAL MY SON. Any Advice is appreciated Thanks.

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear that you're going through such a difficult situation. To answer your first question, it is not legal for your husband to take your son without your permission. If he does so, it could be considered parental kidnapping, which is a serious offense. You have the right to protect your child and to make decisions about their upbringing, including who they have contact with and where they live.

Regarding your second question, if you divorce your husband, he may be required to pay spousal and child support. The amount of support will depend on several factors, such as your income, his income, and the custody arrangement for your child.

As for your third question, divorce in and of itself does not usually lead to deportation. However, if your husband obtained his green card through marriage and the marriage ends in divorce before he has had it for two years, there is a possibility that he could lose his green card and be deported. This is known as the "conditional green card" rule. However, if your husband has had his green card for more than two years or obtained it through other means, divorce would not lead to deportation.

I would strongly recommend that you speak with an attorney who specializes in family law and immigration law to discuss your situation and options for protecting yourself and your child. They can give you more specific advice and help you understand your legal rights and options.

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