Divorcing an illegal alien. Will she be deported?

Asked over 2 years ago - Los Angeles, CA

My 2nd time using this site. Pretty good response the 1st time, hoping for another!

My friend married an illegal alien earlier this year. They've since separated d/t personal issues. He wants to divorce her but doesn't want to get her into any trouble with immigration. He doesn't want to file for annulment or anything like that. Just simply part ways cordially.

She entered the states legally w/ a valid visa but overstayed; about 20+ years ago. THEY have yet to file any paper work for adjustment of status...she's now out of status.

Will the divorce put the illegal alien at additional risk to be deported? What part of the process will be dangerous for her? How should they proceed without getting her into trouble? Do they need an attorney? Costs are an issue.

Thanks everyone!!!

Additional information

Thnx to all the quick and good responses!, Peace of mind lets him sleep at night. Having heard the "answers" though, he now wants to know IF he was to pursue an annulment based on "lack of understanding", will the decision affect her getting an AOS if she was ever to remarry? Will it affect her with immigration now (still nothing filed with CIS)? They know it's a long shot that it will be approved but will applying for an annulment hurt her now or later?

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . No danger to her whatsoever. ICE does not monitor the court docket.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Ilona Dzhamgarova

    Contributor Level 14


    Lawyers agree

    Answered . I dont see a problem here

  3. Kyndra L. Mulder


    Contributor Level 20


    Lawyers agree

    Answered . Only if ICE monitors the court docket will the illegal immigrant spouse be put in jeapordy of deportation.

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