Without exceptional conditions, it is exceedingly difficult to persuade the Department of Homeland Security to act on their limited jurisdiction to deport a spouse. You might report the individual by calling the Department of Homeland Security's tip line at 866-DHS-2-ICE. However many times this number has been used for general crime tips, investigators will still be able to see that you are trying to report a person who is not a criminal and therefore cannot be deported.
There are two types of visas that allow a spouse of a U.S. citizen to come to America: Spousal Visas and Employment-based Second Preference (EB-2) Visas. Only if your husband or wife would be eligible for an immigrant visa does the DHS have authority to process such a request. The chances that an immigration officer will agree to review his or her records and find that your spouse is eligible for a visa are very small.
It is best to discuss with your husband or wife what would happen to their children if something were to happen to you so they can make plans accordingly. It is also recommended to get legal advice from an experienced attorney who practices in this area of law.
Callers should know that even if they are successful in getting someone from DHS to review their case, that agency has extremely limited resources and can only investigate certain categories of cases.
The probability of deportation is determined by the spouse's immigration status. There is no deportation trigger if the spouse has no status (they are illegal) or if the immigration status they had had has expired. The 24th of December, 2017. Was the last day that new deportation orders were issued.
In addition to the DHS hotline, spouses can also be reported through the U.S. Citizenship and Immigration Services (USCIS). For information on how to report a spouse, see the USCIS website here: https://www.uscis.gov/report-spouse. Spouses who are reported to the DHS via telephone will usually receive notice of the reportation within 15 minutes. Those who do not hear back from DHS within three months can then file an application for a stay of removal with the Eastern District of Texas Immigrant Justice Center (EDTXIJC).
It is important to understand that merely being married to an alien does not make you an alien yourself. If your marriage is valid under state law but not under federal law, you may be able to remain in the United States. However, if your spouse attempts to enter the country without the proper documentation and is caught by border agents, there are ways to remove the charge against you. First, try to reach an agreement with ICE about whether you should be separated. If this fails, file a motion with the court asking for a stay of removal.
However, this would not affect their ability to petition for a relative.
No. Even if your husband was convicted of a crime while in China and sentenced to prison, he would still be eligible for a visa because his status would be that of an unauthorized immigrant. He could also qualify for relief under the Convention Against Torture if there is evidence that the Chinese government is likely to harm him if he returns.
You can't "force" your husband to stay in America. If he decides not to apply for a visa then there is nothing you can do about it. He can still travel to the United States with valid documents allowing him to remain for 90 days. After that time, he will have to return home.
If your husband refuses to leave America without a visa then you should take him to court.
If your husband married in order to avoid U.S. immigration regulations, he is guilty of marriage fraud and may be deported, or prosecuted and deported. To report suspected marriage fraud, call the hotline at 1-866-347-2423. If your spouse committed marriage fraud, he may be deported under US immigration law.
How Do I Divorce After My Spouse Has Been Deported? If your spouse has returned to their native country, you can still file a divorce in Illinois if you have been a resident of the state for at least 90 days. You may simply send your spouse an appearance and a final judgment of dissolution of marriage by mail or email for them to sign and return to you. You do not need to appear in court to get your divorce finalized.
If you want to appear before a judge to discuss issues related to property division, child custody, visitation, or spousal support, you will have to go to court. The judge can decide that it is in the best interest of yourself and your children to have a temporary order issued while you work out your differences. These orders are called "parenting plans" and are used by courts throughout Illinois to help parents share responsibility for their children after a divorce.
It is important to know that once your spouse returns to their home country, they are no longer considered a U.S. citizen and cannot re-enter the United States without permission from the Department of Homeland Security. If you or someone you know has been deported, contact an attorney who specializes in immigration law to learn more about your options.
Report an Immigration Violation to Us To report someone you believe is unlawfully in the United States, utilize the Homeland Security Investigations online tip form or contact 1-866-347-2423 (in the United States, Mexico, or Canada) or 1-802-872-6199. (from other countries).
In addition, you can submit a complaint directly to the Department of Homeland Security by visiting their website here. Be sure to include as much information as possible including names, dates, and places related to your complaint.
If you feel that your complaint cannot be resolved at this time with DHS personnel, then you should contact an ICE office locally or by calling 877-227-7472. They will be able to help you file a formal complaint and take further action if warranted.
The best way to protect yourself from deportation is through compliance with the terms of your nonimmigrant status. If you fail to comply with the conditions of your nonimmigrant status, you may become subject to removal proceedings. In those cases, you would need to hire a legal representative to represent you before the immigration judge.
Complaints regarding immigration matters can be made with the Department of Homeland Security.