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Taking minor to England w/o divorce

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srgomez98

Junior Member
What is the name of your state? CA

My brother and sister in law have been married around 22 years. She is from England, and up until 2 years ago had a valid "green card", and has been gainfully employed for the entire time she's been here. My brother began his business venture late 2003 and it has tanked miserably, but he will not get a "real" job. This has already cost them their house, they've had a car repossessed, they get food from church, recently went one week without electricity and basically have lived off the kindness of friends and family to feed them. This has taken it's toll on my sister in law, and the majority of the family is angry at my brother. She works, but her income is not enough to support the family.

Her British passport is expired, and her green card has as well. No one has contacted her regarding this issue, so I'm not sure if she's up for deportation. She would like to return to England WITH her 11 year old son (the others are over 18), however my brother will more than likely put up a fight. What are her rights in the US regarding coming back at some point (she does not want a divorce), and is she able to take her son with her, since my brother will be incapable of taking care of him (erratic hours...obviously no money to feed/clothe him).

Thank you in advance for any help.
 


srgomez98

Junior Member
I posted it twice because I was not sure where to put it, in immigration or custody law. I'm new to this site and not quite sure how it works. I'm sorry if I violated something.
 

evcalyptos

Senior Member
srgomez98 said:
What is the name of your state? CA

My brother and sister in law have been married around 22 years. She is from England, and up until 2 years ago had a valid "green card", and has been gainfully employed for the entire time she's been here. My brother began his business venture late 2003 and it has tanked miserably, but he will not get a "real" job. This has already cost them their house, they've had a car repossessed, they get food from church, recently went one week without electricity and basically have lived off the kindness of friends and family to feed them. This has taken it's toll on my sister in law, and the majority of the family is angry at my brother. She works, but her income is not enough to support the family.

Her British passport is expired, and her green card has as well. No one has contacted her regarding this issue, so I'm not sure if she's up for deportation. She would like to return to England WITH her 11 year old son (the others are over 18), however my brother will more than likely put up a fight. What are her rights in the US regarding coming back at some point (she does not want a divorce), and is she able to take her son with her, since my brother will be incapable of taking care of him (erratic hours...obviously no money to feed/clothe him).

Thank you in advance for any help.
Her immigration situation depends partly on how long she has had her Green Card. Does she know if it was valid for 10 years, or 2?

If it was a 10year card, she can simply renew it. Instruction at uscis.gov Her status has not expired; she is not deportable.
She can renew her UK passport through the British Consulate nearest to her; info online.

She can not take the child out of the US without the father's written permission. It's likely the airline will not board the kid without this letter.

If she wants to leave and maintain her PR status, she should apply for a re-entry permit Form I-131 which will let her leave for up to 2 years without abandoning her status in the US. She could also apply for naturalization to US citizenship which will give her a lot more freedom.

What she should avoid is just jumping on a plane and figuring it out later. It will be much easier for her in the long run to plan ahead a bit, and will give her more options for her future.
 

srgomez98

Junior Member
Thank you for your assistance, I appreciate your response. Her green card is (was) for 10 years. She does not want to give up her British citizenship at this point. I tried to tell her it would be bad to just take Austin with her, and it would devastate him if she left without him. I appreciate your help greatly.
 

evcalyptos

Senior Member
srgomez98 said:
Thank you for your assistance, I appreciate your response. Her green card is (was) for 10 years. She does not want to give up her British citizenship at this point. I tried to tell her it would be bad to just take Austin with her, and it would devastate him if she left without him. I appreciate your help greatly.
You're welcome; I hope she works it all out.

Dual US/UK citizenship is legal and common; she does not have to give up being a British citizen. Her children may already be dual citizensand could certainly benefit from having access to the EU through a UK passport.

Please have her read this excellent site on the subject: http://www.richw.org/dualcit/

She should scrape up the money to replace her Green Card before she travels.
 

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