Legal Question in Immigration Law in Wisconsin

illegal immagrant

if a couple was married in mexico then came to the us (wife is here illegal) are they still considered married? she is abused by her husband and wants out of the marriage to marry a us man but he wont let her


Asked on 9/22/08, 9:52 am

4 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: illegal immagrant

A marriage in Mexico is a legal marriage; therefore, in order for her to remarry, she must obtain a divorce (or annulment). If he is a U.S. citizen, and she is a battered spouse, there is a remedy for her and she may be able to obtain her residency without having to remarry a U.S. citizen. I would need more facts and details on the case. She should consult with a good immigration lawyer. good luck.

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Answered on 9/30/08, 10:11 pm
Husna Alikhan Alikhan Law Office, LLC

Re: illegal immagrant

Although married in Mexico, yes, she is still married and must get a divorce before marrying you. If the wife entered without inspection, meaning without a visa [visitor's, student, etc.], than she cannot adjust status from within the USA even if she marries a United States citizen. However, there are exemptions available under current immigration laws [s.245(i)] provided she meets certain criteria. Please consult with a immigration attorney before pursuing this matter.

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Answered on 9/25/08, 1:51 pm
Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

Re: illegal immagrant

Hello. Your marriage is definitely valid in the U.S. I agree with the other attorneys - she may or may not be able to gain status through her marriage to a United States citizen. The process by which she could gain status would depend on the facts of her case.

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Answered on 10/02/08, 3:31 pm
Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

Re: illegal immagrant

Hello. Your marriage is definitely valid in the U.S. I agree with the other attorneys - she may or may not be able to gain status through her marriage to a United States citizen. The process by which she could gain status would depend on the facts of her case.

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Answered on 10/02/08, 3:31 pm


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