TN TD and Divorce

[engineerinfl]

I have been in the US from Canada under TN status since 2000, with my wife and 1 child under TD status. (All Canadians) (Our 2nd child was born in the US and is an American). My wife and I will be divorced, next month. I am the primary residential parent, sole custody. I renewed my TN and my childs TD in Jun 2006. My ex-wife-next-month did not renew her TD back in Jun 2006, and her TD expired, and, upon divorce she of course cannot renew as a TD. She has remained in the US this entire time.
My questions, Is the wife deportable now because of lack of TD renewal, or next month because of divorce?
Am I (or my sponsor company) under an obligation as the TN holder to report her current situation to the authorities to avoid troubles for me and the kids later on?

 

[curiousGeorge]

My questions, Is the wife deportable now because of lack of TD renewal, or next month because of divorce?

Since she is out of status, she is now accumilating unlawfulpresence. If she remains out of status for more than 180 days, but leaves prior to the 1 year mark after her TD expired, she can be inadmissable for 3 years when she tries to reenter the US. If she remains in the US for more than 1 year, and then tries to reenter the US, she can be barred for 10 years.

Keep in mind that without a valid status she may have trouble getting a drivers liscence in many states.

This unlawful presence is often fogiven if the person is sponsored by a US citizen spouse. So if she decides to remarry with a US citizen, and he sponsors her, as long as she doesn't leave the country until her green card is approved, she will be ok.

Am I (or my sponsor company) under an obligation as the TN holder to report her current situation to the authorities to avoid troubles for me and the kids later on?

No. As a person of legal age she is responsible for her own immigrantion status. Of course if any law enforcement agency, (local police, sherrif, state police, USCIS, ICE, CBP, even the coast guard for that matter) discovers that she is out of status, even before the 180 day mark, she can be deported. So if she has a current driver's liscence now, if she gets pulled over for speeding, she could get deported.

 

[engineerinfl]

Thankyou for the information.
She now says she has switched to a tourist visa for 6 months.
And to also have been approved for an H1B. (Impossible, allotments reached this year, and she is not employed or qualified).
Life goes on.