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Could Convert Runaway Rifqa Be Deported?

There are new questions about whether Rifqa Bary could be deported. Tuesday, a judge ordered the teenager back to Ohio on the condition that her parents could document that they were in the country legally.

Bary ran away because she feared being sent back to her native Sri Lanka and killed for converting from Islam to Christianity.

As of Wednesday afternoon, there was no paperwork provided by Rifqa’s parents and the dispute could get her whole family deported.

Eyewitness News spoke to an immigration attorney and he said if the Barys are in the country illegally, the Department of Homeland Security will start the deportation process.

"She is currently, based on what we have been provided to date, an undocumented person in this country,” Immigration attorney Shazad Ahmed said.

Rifqa Bary's court-appointed attorney raised the idea that the girl could be sent back to her native Sri Lanka. Her parents have told the courts they are in the country legally, but so far have been unable to prove their immigration status.

“It’s not that hard. You make a copy and you give it your attorney,” Ahmed said.

The Barys have told the court they are in the country on an L-1 visa. Those are typically issued to overseas business owners who want to open a branch in the U.S. Bary's father has said he is a jeweler.

In order for the annual visa to stay current, a business owner is required to keep both businesses open in both countries and show the company is making money. The owner must also keep up paperwork.

Ahmed has seen quite a few visas revoked.

“It’s not uncommon,” he said.

The attorney said, if the Barys aren't in the country legally, Rifqa could hire an attorney and apply for a visa herself. She would have to show a hardship.

“One might be eligible for asylum based on fear of going back to their home country. They might be persecuted, one example,” Ahmed said.

The parents’ attorney has said the Barys haven't had time to get together the documents. Until they do, their daughter will stay in Florida.

On October 23, a judge will review Bary's case. If documents are still missing, or if Rifqa is still in Florida, the judge must take action.

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