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