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#1 desouza5

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Posted 21 December 2012 - 10:10 AM

i guering charge whit a felony transpasse i live in the isa for17 years i came whita visa tourist i have being marry to america citizen but did work out in the interval day she did show they denie my status so i have 3 kids whit my wife the is iligal immigrant too my yonges is elishaj 8 ,joseph is 11 he is ddsand kenneth is 15 and diabetes tipe 1 please let me now whata can't do my son kenneth never will survive in brazil i work here but overtere no job no medicaid for him or insuline
thank you for the help.





larri o de souza

#2 Hurltheburly

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Posted 22 December 2012 - 04:52 AM

To make sure I understand I am going to rewrite what I think you have written, which is that you've been charged with felony trespass. You have lived in the USA for seventeen (17) years with a tourist visa. But, sometime after you took up residence in the USA, you married an USA citizen and had three (3) children with that same legal USA citizen. At some point thereafter, your wife and you were either separated or divorced and your wife, in order to gain custody of the children, showed the court that at the time you and she had your children that you were not a legal resident in the USA. The court then denied your legal status and with it, your civil rights to parent your children. Am I correct so far?
You had three (3) children with your first wife before separation or divorce and your second wife is an illegal immigrant, like you are. The ages of your three children are, respectively, 8, 11 and 15 years. Your oldest child also has a medical condition known as insulin dependent juvenile diabetes (type 1) which, if left untreated, is fatal. Your oldest child needs insulin because of the IDDM from which he suffers and, because insulin is not readily available in Brazil, he will not survive. You work and have worked here, but are not currently employed. As a result and, when coupled with your illegal immigration status, neither you nor any of your children by your first marriage are eligible to receive Medicaid and you cannot afford the price of the insulin(s) needed by your eldest child, Kenneth, to treat his otherwise fatal medical condition and, as already stipulated, these insulin(s) are not available in Brazil.
Alright, have I understood you so far?

#3 Hurltheburly

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Posted 22 December 2012 - 05:08 AM

Have you spoken to your first wife, the one with USA citizenship, about having her raise the children while you contest the felony trespass charge with which you seem to say you have been charged? I am reasonably certain that your children will not be deported back to Brazil if your first wife has the USA citizenship you claim because your children with your first wife may very well meet the definition of citizens of the United States, even though you may not, which raises the question: At any time(s) before separation or divorce did you seek to establish citizenship in the USA while you were married to your first wife whom you claim is a citizen of and in the USA? If not, I restate that if at least one (1) of the two (2) parents of your children is a citizen of the USA, then your children will, in all probability, not be deported to Brazil or anywhere else, since they are citizens of the USA by the parent who, in bearing them, is a citizen in this country.

#4 Hurltheburly

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Posted 22 December 2012 - 05:24 AM

Thus, your concerns at this point ought be threefold: First, find the best attorney you can to defend you against that felony trespass charge, since a criminal record may adversely affect your rights to see your children. Second, obtain or preserve any visitation rights you may now have or that you may lose subsequent to possible conviction on the felony trespass charge. Third, seek an immigration attorney to defend you against deportation and, failing the ability to prevent you from being deported back to Brazil, your attorney should immediately seek visitation rights for your children, if you have not first been convicted on that felony charge.

#5 Hurltheburly

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Posted 22 December 2012 - 05:41 AM

Does your country-of-origin, Brazil, know that you are in the United States?

#6 FindLaw_Amir

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Posted 24 December 2012 - 02:26 PM

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