Legal Question in Immigration Law in Texas

My wife's sister-in-law came and visited us from El Salvador. When she arrived she was about 6-7 months pregnant. and while visiting felt uncomfortable with traveling back and asked if she could have the baby here. She was given 6 months to visit. Someone told my wife about a program that helps with people of need assistance with children. My wife took her to a office in our city to ask about it. My wife speaks english but can get confused on things sometimes. Anyway, when she came home she explained there was a program that did not care about her "status" (on a tourist Visa) but cared about the baby. I went out of town and my wife took her sister-in-law back to this office, gave a copy of her paycheck and my paycheck and her sister in law signed up for this program.

She had the baby and went back to El Salvador within the time INS gave her. Come to find out the program her sister-in-law signed up for the CHIP Program. I later read online that was for Citizens or residents only. My wife said the reason for the paycheck was so they knew were to send the paper work. Any paper we had received had my wife's , sister-in-law name on it. Never ours.

So here's the question. I am a Citizen and my wife is a legal resident. Can my wife get in trouble for helping her sister-in-law in this matter? Although I know there was a communication issue and understanding things, what could happen? Is her status in question? and is her sister-in-law is she

able to return??

One last question could the state come back to us or INS on this. This happened about 2 years ago. If there is an issue can this be cleared up?

Thanks for your time

Asked on 11/23/10, 7:57 am

1 Answer from Attorneys


You have no problem since you and or your wife did not signed affidavit of support for your sister in-law to visit. Your sister-in-law MAY have problem in coming back to the U.S.. At best, consular officers will claim that she recived public assistance during her visit or that hse came her purposely to give birth and may ask her to pay the cost of her medical expenses.

Nobody is going to come after you or your wife. Nothing from the information given by you that shows something on your record or that of your wife that is need cleaning.

Note: Your wife is LPR, not yet a citizen. It is better for her to apply for naturalization to become a citizen If she has been LPR for 3years. This will guide against deportation in case there is a problem in the future.

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Answered on 1/02/11, 10:03 pm

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