Legal Question in Immigration Law in Illinois

Re: Immigration+Family law

Dear Inquirer:

The US Supreme Court has held consistently that lack of US immigration status does not disqualify a person from access to the Courts. She can seek child support and custody despite her undocumented alien status.

Please email visas@hanlonlawgroup or check out our website at www.hanlonlawgroup.com for more information.

Re: Immigration+Family law

Well, unless she has some magic wand (or a magic lawyer), it is highly unlikely that she will get a visa by simply accusing someone of domestic violence. In addition, the rules for obtaining a visa as a result of domestic violence under the VAWA require that the perpetrator be a U.S. citizen or lawful permanent resident. As far as suing anyone, she can try, but it may not be that easy. I suggest you advise your cousin to find some way to legalize his status -- how long has he lived in the United States, and are his children U.S. citizens? Length of time in the U.S. and citizen children may help. A clean record would be good. He must see a lawyer or he risks being picked up and having to argue a case before the immigration judge. Good luck!