Illegal immigrant is married to a U.S. citizen, he wants a divorce but his wife doesn't, what is the best thing to do?

Asked over 1 year ago - Salinas, CA

She has threatened him that if she finds out he has intentions of meeting someone else she will call the cops and say he has abused her, just so they can take him in?

Attorney answers (4)

  1. Samuel Patrick Ouya Maina

    Contributor Level 19

    6

    Lawyers agree

    Answered . Sounds like SHE is abusing him - at least psychologically. Have him meet with an attorney to review his immigration options

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . As a man he is in a tough situation.. A VAWA petition will not be approved for him. He should meet with a competent immigration attorney in his area to discuss all options that might be available to him in this situation.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Meet with an immigration attorney for a private evaluation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Meighan Colleen Lenihan Vargas

    Contributor Level 6

    5

    Lawyers agree

    Answered . Regarding his immigration options, just because he is a man does not mean that he does not have options in a case stemming from an abusive marriage. Despite its name, "VAWA" is gender-neutral, so if there is enough evidence of abuse (emotional, physical, or other), he may be able to pursue a VAWA claim. He may also have other options, but without further details it would be difficult to offer information about them. I would suggest that he speak with an immigration attorney regarding his options, but he may also want to speak with a family law attorney to make sure his interests are protected in that area as well.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

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