Can my spouse take my son to Mexico without having her immigration papers in order? 6 Answers as of December 28, 2010

Can she take my son to Mexico with her papers or another state before I help with her papers? She thinks if she has my son she can get her papers right away.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am not exactly sure what you mean by "papers". If you mean by that a petition for alien relative, an I-130 form, that gets approved by the CIS, followed by an I-485 application for adjustment of status, that she has to file to finish the process of getting her "green card" for permanent legal residency, then the answer is no. In fact, assuming that you are a citizen, and that you have a native-born U.S. citizen son, she absolutely can NOT take your son to Mexico without your approval. If she does so, then she is in violation of both U.S. and international kidnapping treaty law that the U.S. and Mexico have signed. The next question I would ask, is why does she want to leave (divorce)? There are all sorts of other questions I would have to ask, especially on your wife's present status, and the present place of progress in your/your wife's case, before I would say anything else. Give me a call or e-mail, to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 12/28/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Another state yes out of the country legally no.
Answer Applies to: Florida
Replied: 12/8/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
If your spouse leaves this country she will must have a Visa that is good order to return.

If she already has a Visa that's in good order she is ok but having the son with her will not get her a Visa and if her Visa is expired she cannot return without getting a new one.
Answer Applies to: Tennessee
Replied: 12/8/2010
Law Offices of Daniel Richardson
Law Offices of Daniel Richardson | Daniel R. Richardson
I do not know what "papers" you are referring to, but if she does not have valid immigration status, she may not be able to return, even with a child who is a citizen.
Answer Applies to: California
Replied: 12/7/2010
Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
No, you may have difficulty returning to US. I would not take the risk of traveling outside US until you have a green card.
Answer Applies to: California
Replied: 12/7/2010
    The Purnell Law Firm
    The Purnell Law Firm | Simon Purnell
    If your wife does not have legal residency or can otherwise be admitted, she will not be able to come back into the country (even with your son who I'm assuming has legal status).
    Answer Applies to: Texas
    Replied: 12/7/2010
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