my mother cheat on my father and they want the divorce now but they immigrants, need help plz .

White Plains, NY Viewed 62 times. Posted 2 months ago in Immigration

we came to this country about 7 years ago with a vacation visa .1 month ago we discover all this adultery problem we tried to talk things up , sins then we all still living together because we don't want to tell my 10 years old brother yet.My mother promise to stop but she didn't and now she want the divorce but she want to take me brother with her and the other man .(The other men is a us citizen)

1.Q is : can they get a divorce being immigrants and don't get deported?
2.Q: Who has a better chance to get the custody of my 10 years old brother(the child decision and my mother's affair matters on the judge decision).
3Q: Adding that my dad its not working at the time will affect the judge decision for the custody and if i move with my dad my income to the house will help?
thx

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Answers (4)

Charles H Kuck

This attorney is licensed in Arizona and 2 other states. Posted 2 months ago.

Divorce does not cause deportation. The custody questoins are best directed to a matrimonial attorney.

David Nabow Soloway

This attorney is licensed in Georgia. Posted 2 months ago.

I am sorry to learn of your parents' marital problems and intention to divorce. That can be tough for all members of your family.

It was not clear from your question whether all the members of your family are out of status for having overstayed visitors' visas, or whether you may have achieved lawful status. If your family members are out of status, then all of you are at risk of removal/deportation, and the adults may be subject to a very harsh 10-year bar to returning to the U.S. Nonetheless, if your mother were to become divorced and then marry a U.S. Citizen, she may be able to adjust status to become a Lawful Permanent Resident (get a "Green Card") notwithstanding her current unlawful presence, and it may be possible for the children (but not your father) to get Green Cards as derivative beneficiaries through your mother. If these considerations may apply, then it will be important to consult with an immigration attorney.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404/320-7000 1-877-232-5352 dsoloway@fspklaw.com