Legal Question in Immigration Law in California

My friend she came to the US on an H4 visa through her husband from the philippines, which should be valid through some time in july 2011. Her husband was seeing another woman & he decided he wanted to divorce her to marry this other woman. He forged her signature on the divorce papers & she was never officially notified of the divorce. Her now ex-in-laws found out about the divorce & mailed her a copy of the divorce papers. Since it has been well over 60 days from the date of the final decree is she now illegal in the US? Since the divorce papers were forged what sort of action can be taken & what will happen to her since her visa is up in less than 6 months? Will she be deported? What if she has a new-found love who is a US citizen & would like to marry him, would she be able to stay in the US?


Asked on 2/24/11, 9:37 pm

3 Answers from Attorneys
Michael Cho Law Offices of Michael Cho

If she is divorced from her husband, then she may now marry her US citizen fiancee and have him apply for her permanent residence.

You may find more information about the process as well as my services here:

http://www.msclaw.com/Green_Card_for_Spouse/Why_Choose_MSCandAssociates.html

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Answered on 2/25/11, 4:19 am
Attorney Caro Kinsella Law Offices of Caro Kinsella

As an H-4, she was a dependent of the principal beneficiary husband under the H-1b. As soon as that relationship is terminated (divorce), then she automatically loses her H-4 status from the date of the final divorce decree. She does not have lawful status currently in the U.S. And thus is in a very precarious situation. As you stated her signature was fraudulently signed, that would be a separate issue to deal with.

In terms of marriage to a U.S. Citizen she could adjust her status through her citizen spouse and her unlawful presence would also be waived, but immigration will want her to show bona fides of the marriage. My office sees on average a processing time of between 4-6 months on filing the adjustment petition before getting the conditional green card.

Feel free to contact me for a free consultation.

Caro Kinsella

Immigration Attorney

954-304-2243

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Answered on 2/25/11, 4:48 am
Seeta Nangia Law Offices of Seeta Nangia

Your friend should speak to a family law attorney regarding the forgery on the divorce decree. That decree should be invalid if she did not sign it and if she was never given any notice of the divorce.

Putting that aside, your friend lost her status as soon as the divorce was entered because she was dependent on her husband for her visa. If your friend has a U.S. Citizen boyfriend that would like to marry her, she may get her green card through him.

She should keep in mind that once she accumulates over 180 days of unlawful presence and leaves the country, she will be barred from reentering for 3 years. If she accumulates 1 year or more of unlawful presence, she will be barred from reentering for 10 years. If she wishes to leave the country, she should so before 180 days have passed since the divorce.

Please have your friend call me for a consultation.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 2/25/11, 10:08 am


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