Messersmith Law Firm

Immigration Q&A - March 13, 2011

H1B Husband Doesn’t Want H4 Wife to Take Kids to India

I am H1B working fulltime for one IT company. I have two kids One Daughter (7th Grade) and Son(Kindergarden).My wife wants to go back to india along with kids for which I am not interested due to career growth of my elder child. my question, Can I stop legally my kids go back to india. I am not bothered about my wife. Let her go toinida.

This isn’t really an immigration issue, it is more of a family law issue. In order to prevent your wife from taking the kids to India, assuming you are located in Illinois, you’ll need to petition the Circuit Court for custody of the children. Then you will have authority over where they will reside.

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