Legal Question in Immigration Law in New York

important

hi, my name is--name removed---name removed-- I am currently doing thru a divorce. I am an illegal immigrant here in the USA. While married my spouse never filed any paper work regarding my citizenship and neither did I. I would like to know when the divorce is finshed, how will it affect my legal status? I am still married legally and waiting for the divorce to be finalized. I got married in August of 2005. Is it possible for her to treathen me about deportation? That is what I am most concerned about. Please emaile me back


Asked on 4/04/07, 12:16 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: important

If your spouse never filed on your behalf, your status has not changed. If you were "illegal," you still are "illegal." Marriage alone does not confer any immigration benefits. Once the divorce is final, though, you would generally not be eligible to adjust your status based on this marriage (which may have been a possible defense to removal proceedings had these been brought against you). Your spouse may notify the immigration authorities if she wishes but my understanding is that they rarely act on such letters. Of course, if you are detained for any other reason, you risk being deported. You should have consulted an immigration attorney before starting the divorce proceedings but it may not be too late to do so now.

The above reply is in the nature of general information, is not legal advice, and should not be relied on as such.

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Answered on 4/04/07, 12:58 pm


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