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Would deported immigrant also take US kids?

If a green card holder is denied re-entry into the United States and she has her US citizen children with her would they also be denied? What if the kids have a US citizen father but the woman does not tell the customs officer and the father is actually in the US and also a joint legal guardian of the kids?

Update:

Just to make it clear, I am asking if the customs official will check to see if the children have a father (and yes, joint custody) or if they will just let the mother take the kids with her (and basically kidnapping them in order to keep the father from getting them).

5 Answers

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  • ?
    Lv 7
    8 years ago
    Favorite Answer

    It is highly unlikely that a Green Card holder will be denied entry, more so if traveling with two U.S. citizen children.

    But if that happens, CBP would definitely make sure that the mother has sole custody or permission of the other parent in case she decides to take the children with her.

    Source(s): An immigrant from Europe, I live in the charming old mission town San Buenaventura and work as an attorney in Santa Barbara, California.
  • ?
    Lv 4
    4 years ago

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  • 8 years ago

    almost certainly. the kids obviously could enter, but if mom can't, she would normally take them back with her. she wouldn't be considered kidnapping them if she obviously intended to bring them back but wasn't allowed to. the customs officer can't be expected to research all this at the airport. and, of course, if she has a green card why would she be denied entry? you make it sound like you're planning to take the kids from her, but if she has joint custody, they won't do that even if they know about you.

  • 8 years ago

    Generally speaking, a person who is subject to deportation or is found ineligible to enter the US and happens to have a US citizen underage child with them is advice to either voluntarily return to his or her country of origin along with their child or appear before an immigration judge to plead their case. If there is a relative in the US who can lawfully care for the child, the parent has the option of leaving the child with them. In the event that the other parent is a US citizen or lawful resident of the US who can have legal custody of the child, the child may be left with them.

  • Ivan
    Lv 4
    8 years ago

    if you ignore the father the kids would have to go with the mother, (or get in "the system" foster care or such) bad choice, but they could be released to the father if he want them. (I guess)

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