The mother is an illegal immigrant and remarried a legal man. Currently, the mother is in the process of becoming legalized. Recently the children shared that their step-father has been sexually abusing them. The children are under the age of 18. If the mother goes to the police, will she be deported?
Alexander John EiffeImmigration AttorneyGreensboro, NC ·
She should speak with a qualified immigration attorney, as she may be eligible for a U Visa for individuals who help with the investigation and prosecution of certain qualifying crimes, of which abusive sexual contact is one as well as sexual assault. Even if her children are U.S. citizens she may qualify as an indirect victim of the crimes against her children. She should speak to an immigration attorney as soon as possible.
I would suggest that she consult with an immigration attorney. She may be eligible for a U visa which allows victims of crime who cooperate with law enforcement in the investigation of a crime to obtain legal status and eventually permanent residence.
As long as the mother was unaware of the crime being committed by the step-father, the mother should contact the police and file a police report without any fear from being deported. She also needs to see an immigration attorney since she might qualify for some immigration benefits depending on several factors.
The mother should go to a women's shelter or domestic abuse organization and arrange a confidential interview with a lawyer. The lawyer will reassure her that doing the right thing and staying safe and protecting her children will not lead to her deportation, and will help her. Most important is that they all stay safe.
If the mother is charged with certain criminal activity or inactivity -- and convicted, then yes. The mother has to hire a Criminal Defense attorney who will help her to file the police report, etc.
If the mother of the abused children is not taking part in the abuse, she will not be in danger of being subject to removal. She needs to contact the police and file a complaint and remove the children from the presence of the stepfather. The mother may be eligible for the U visa.
