What happens if you and your partner are in a very delicate situation where you are getting divorced, but you are an illegal immigrant? When it comes to divorce and being an immigrant, there is always the risk that you could be deported. This is a very difficult category for many immigrants to face because you may have never expected it, or the divorce from your American spouse. If you have not arrived on U.S. soil with the correct legal paperwork, you will not be able to legally obtain a green card.
Knowing the Risks
At any time that you come into contact with someone who is aware of your illegal immigrant status, you could face the reality of deportation. Even making contact with the police could put you at risk for being turned in to the U.S. Immigration and Customs Enforcement agency, also known as ICE. When you are faced with deportation, you have a very important decision to make in regards to custody of your children – take them with you back to your home country or hand custody to your ex-spouse.
Divorce proceedings are separate from immigration enforcement in the way that your spouse must file for divorce through the U.S. court. Despite the fact that you are an illegal immigrant, the court can still give you child custody, child support, spousal maintenance, and more. The court is not permitted to contact ICE on you, but you will have to tread carefully because others have the ability to do so. If you are in an abusive relationship, you may also have the option of receiving an immigration waiver to bypass the laws and be permitted to legally live in the U.S. However, you must have an attorney on your side who understands these laws and can help you every step of the way. Call us today for more.
