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Can I be deported even having 3 children born here?

Discussion in 'US Citizenship' started by Melany, Aug 25, 2005.

  1. Melany

    Melany Registered Users (C)

    If my application denyied for some reason, will i be asked to live the country(deported?) What will happen to my husband and my 3 children? Can they separate mother from her babies? thank you.
  2. JohnnyCash

    JohnnyCash Volunteer Moderator

    “If my application denyied for some reason, will i be asked to live the country(deported?)”

    It would depend on the reasoning of your citizenship application’s denial. You cannot be deported, nor you would loose your LPR, unless you have a conviction on a deportable crime or if USCIS will realize that they mistakenly granted your green card application previously. It could be for any reason. Such as they might find out something about you that they might have ignored previously, or did not know about a material fact about you at the time of approving your green card application. However, if you are convicted for a deportable crime then USCIS won’t wait until you file for citizenship application or a decision is made on your pending citizenship application, in order to deport you. Instead, they would initiate Removal proceeding right away after knowing your conviction on deportable crime. However, they usually find about conviction at the time of adjudication of an application, or you can say during the time of interview. That means-even if someone sends all kind of information either by submitting documentary evidence or write up on the application by disclosing about a criminal past, yet still most of time (99%) USCIS don't find out about it until the interview as mostly adjudication officers (99%) review the information only at the time of interive.

    As far as USCIS is concerned then it doesn’t matter whether or not your criminal record is sealed/expunged. Because they want you to disclose about it anyway regardless. Some people do choose not to disclose about it, but it is not a good idea. Because if USCIS ever find out about their concealment of any information, they they would either revoke the citizenship in the future or would deny the CZ application just for not telling the truth to them on the application, which will force them to open and check all the previously approved applications all over again.

    In your case, since you have submitted Disposition documents along with your citizenship application AND since your criminal case was about shoplifting and occurred 6 yrs ago, then you are okay. However, you should not keep your hopes too high. Because, immigration laws do give the right to USCIS to consider anything even beyond 5 yrs statutory period as per their discretion. Further, it would also depend what kind of sentencing you received on your conviction on shoplifting charge in the past. But as far as I can see, you will be okay as to this shoplifting charge goes in the context of your citizenship application.

    “What will happen to my husband and my 3 children?

    Nothing will happen to them if you will be deported. They can choose to live here without you, or can choose to live with you at your country if they want to be a family together, regardless how hard it would be for them to adjust themselves. However, you should have thought all this before when you committed a crime. Don’t try to justify to me (or to others) on what you did and how you were a “victim” of unfortunate circumstances, because it doesn’t matter anymore if you were unable to justify yourself to Judge/jury in a criminal case against you.

    “Can they separate mother from her babies?”

    Oh yeah! Very happily. They do this everyday as a matter of fact. Let me tell you about a case of a guy of 44 yrs old, who has been living here since he was 2 yrs old. He came here with his parents when he was little as a LPR. He never bothered to apply for citizenship as a lot of people don’t know the difference between LPR and citizenship. These people mistakenly think that so long they are legal, then that’s all they need. He is married and has 4 children. A year ago, he got convicted for Domestic Violence crime. Immigration judge ordered him to be deported. He appealed the matter up to Supreme Court based upon EXTREME HARDSHIP and having US citizen children spouse and more other favorable factors, but still lost his legal battle as nobody could be above the law. All of his families are US citizens, yet still they could not save him from being deported.

    Actually, govt. has no intention whatsoever to separate a family; rather they are just carrying out the laws, even if you might think differently. Don’t you also know that govt. takes the children away from their parents everyday if they think that parents are not fit for their children? Do you think then they care about separating children from their parents, and about taking care of these children on the expense of tax- payers’ money? You should also know that social departments take the custody of thousands of children everyday across the United States if they believe that parents are unfit to their children. Social departments even find a proper home for children, like foster home or something like that. So obviously, govt. doesn't care separating family if they believe this is right thing to do.

    To answer specifically to the topic of this thread, then yes. You can be and will be deported if you are convicted for a deportable crime even if you might have 300 children. Be known-some people do have that many children as I've heard about a family who have 179 children, mostly adopted children though. However, it doesn't make any difference whether children are biological or adopted if they are legally your children. So obviously, you having only 3 children won't protect you from deportation. Besides, you cannot think about children, husband or anyone else in the context of carrying out laws; otherwise all the criminals will argue that they should not be sent to jail even after murdering another person just because they have children or husband or whoever. It doesn't work that way. Laws are laws, and they need to be carried out, no matter what.
    Last edited by a moderator: Aug 26, 2005
  3. Melany

    Melany Registered Users (C)

    thank you. My husband was born here and i beleive he will have dificalties speaking ukranian if i will have to move out :).I applied for citizenship because my father convinced me to help him with his pappers. I hope everything will go smoothly. I will let you know what happen after the intrv.Thats a sad story about that guy, he should have applied earlier.
  4. ma21

    ma21 Registered Users (C)

    check out http://www.shusterman.com/deport.html and maybe experts can comment why this would apply or not apply

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