Legal Question in Immigration Law in New York

My wife is leaving me and going back to India with my child I am on a h1 visa and she is under my visa as wife?

Is there any way because she has my child that I can get a court order to make her stay in u.s.a and if she divorces me in u.s.a she will be out of status so how will she be able to stay in u.s.a?


Asked on 9/12/10, 9:01 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If she divorces you in USA, she will not be able to stay here because her H4 status will end. This is apparently why she and your child are going back to her home country where she can file for divorce, obtain child custody and reside lawfully and permanently.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. To schedule a consultation or for more information, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/17/10, 9:57 pm


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