Is it possible to bring my kids born in the US when I will be deported? 7 Answers as of November 17, 2011

These are questions you can clarify with your lawyer. In terms of can your children go with you, generally parents who are ordered removed are able to go overseas with their parents, but you must check the immigration laws of your country AND determine who has legal and physical custody of your children. If the parents father is not consenting to underage US Citizens living overseas, you may need to hire a family attorney to help get you a court order for custody.

Your case sounds complicated but to your point, you will not be able to take your children with you unless you have your husband's consent and/or court-ordered physical custody of them. As far as you are concerned, yes there will be a 10-year bar to readmission since you were ordered removed from the US. However, that can be shortened under certain circumstances. I am curious as to whether you considered applying under the VAWA, assuming that your children are from your ex-husband and that 2 years have not passed since your divorce. Then again, since you were represented by competent counsel, I also assumed that those possibilities were explored. Good luck!

Your children can leave the United States so long as you have authorization from their father. They will also need whatever travel documents your native country may require for entry of United States citizens. This is a question that can be more fully answered by your country's embassy/consulate. As for the ten year bar and your ability to visit in the future, I would need additional information to answer this question. You most likely are subject to a 10 year bar for unlawful presence. This means you are inadmissible. You are not entitled to a non-immigrant or immigrant visa. However, there are some waivers depending upon your circumstances, but I do not have enough information to assess the matter.

Yes, you are subject to the removal bars against readmission for 10 years, though there may be nonimmigrant waivers and advance permission to reapply for admission as a nonimmigrant may be available. I quite a few removed persons take their US born kids with them when they leave, but in your case, it may require the consent of your husband.

We need to review the facts of your case to make a decision on what your can do to repair the damage if possible. You can take your children with you but you will have to make arrangements with the country you are going to.

That is a very difficult situation. I highly recommend that you seek a consult with a family law attorney in your state to determine the best way for you to have visitation rights or to arrange for your children to legally be able to visit you abroad. It is possible to obtain a non immigrant waiver if you want to enter as a visitor. You will need a competent immigration attorney to prepare that for you and to analyze your chance of success. I wish you the best of luck.