Legal Question in Immigration Law in California

How does this happen?

My girlfriend who is married, however lives with me for the last 4 years is in deportations proceedings. Her husband of over 16 years is an american citizen, who is an exconvict. She was brought in to this country when she was eight years old... How is it that she is being deported... She was once issued a card but because of her moving around so much when married she didnot receive the card and is now out of luck? She had an attorney but he just stole her money... I found VAWA and she was accepted, but the judge had asked for documents, ie police reports etc. that we had already provided, he just refused to look in the folder that was in front of him and her current legal aid attny won't say any thing to the judge... she had also made attempts to divorce but her husband refused to sign the docs... can she still push a divorce through w/o six month waiting period because of her living with me for the last four years?


Asked on 7/06/06, 3:53 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: How does this happen?

Push through a divorce without the six-month period just because she's been living with you? There's no such law! Sorry but there is a six-month waiting period in California when one files for divorce before one can marry again. She CAN get divorced from the husband despite his lack of cooperation. That's easy: it's called a default judgment. Should have used a divorce attorney to represent her rather than trying to do it herself as I suspect.

She's getting deported because she does not have valid immigration papers. Simple as that. Just because someone was "brought" here when they were 8 year-old is meaningless. Maybe her parents took her here illegally across the border. If she didn't receive the green card through marrying the US citizen husband, there were requirements she had to follow to keep it, but she didn't.

As always, the story here seems to be that you get what you pay for. That's why a legal-aid attorney is usually inadequate. It looks to me that this deportation case should have been handled by an experienced immigration attorney, but of course, we want our fees. Perhaps there is still time for another attorney to come in and replace a legal-aid attorney who "doesn't say anything" to the immigration judge.

Larry 'Liem' Doan, Esq.

www.GuruImmigration.com

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Answered on 7/06/06, 4:43 pm


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