Skip to main content

Divorcing an illegal alien. Will she be deported?

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!!!

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?

+ Read More

Attorney answers 3

Posted

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

Asker

Posted

Thank you for your time Kyndra. I posted a follow-up question about annulments in the "additional information" section.

Posted

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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

Thnx Carl for your time as well. I posted a followup question about annulments in the "additional information" section.

Posted

I dont see a problem here

Asker

Posted

Thnx IIona for responding also. I posted a followup question about annulments in the "additional information" section. Does it even matter who had the "lack of understanding". The forms didn't require them to expand upon "lack of understanding"...

Ilona Dzhamgarova

Ilona Dzhamgarova

Posted

No it doesnt matter

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer