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Can illegal immigrant who is in the process of getting visa ( U visa) file for a divorce in georgia?

Atlanta, GA |

I came here to USA legally with my husband and left him because of his abusive nature.He is not here anymore, He is out of this country.My visa expired a month ago.I have filed for visa which will take atleast one year to get processed.In this condition can I still file for Divorce

Am not aware of laws in USA! should I provide any proof about my immigration status to the judge( visa or State Id card) I have a valid passport with expired visa.This is the only doubt I am having.Will I be in trouble of deportation If am filing for the divorce.Please answer

Attorney Answers 4

Posted

You may file for a divorce independent of your present immigration status.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

Am not aware of laws in USA! should I provide any proof about my immigration status to the judge( visa or State Id card) I have a valid passport with expired visa.This is the only doubt I am having.Will I be in trouble of deportation If am filing for the divorce.Please answer

Posted

Yes, you can file for a divorce, notwithstanding your immigrant status. However, Georgia has some fairly specific anti-immigration laws on the book and you may run into a little stubbornness with local judges and the opposing side. You would be well served to consult an immigration lawyer in the Atlanta area who can also handle your divorce action. You can search for an immigration lawyer at www.ailalawyer.org. Best of luck to you with both your divorce and your U visa.

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Posted

I don't see why not. But you better be represented by the divorce lawyer in Georgia.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Absolutely! Your immigration status will not have any effect on your ability to divorce your spouse and vice versa. As noted by a previous attorney, Georgia is not particularly immigrant friendly in all cases and you will definitely want to consult with a divorce attorney to make sure you have your documentation in order.

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