Can I be deported if I’m pregnant?

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Can I be deported if I’m pregnant?

I’m being convicted of a felony dui and
facing jail time in Kenosha County
Wisconsin. I’m not a citizen and no
longer hold a valid visa so I will
probably be facing deportation. I just
found out I’m pregnant. Is there a
chance I can be exempt from being
deported if I’m pregnant?

Asked on December 11, 2017 under Immigration Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, there is no legal basis to avoid deportation if pregnant: the law does not provide an exception to deportation due to being pregnant. It is possible that the authorities or a court will choose to use their discretion to choose to delay or avoid deportation since this is a factor going to "fairness" and health/safety, which they *may*--but are not required to--take consideration of. However, that if voluntary on their part; there is no legal requirement that they take this into account.


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