Legal Question in Immigration Law in Virginia

divorce and immigration

I have separated from my husband for 2yrs.We were married outside the USA and when i filed for my asylum i put him on as a beneficiary.I tried to divorce him in our home country but he refused to sign because he thinks it will affect his status here since we don't have green cards yet.I need to move on , is there any way i can divorce whether he wants to or not? and does it even affect his status.


Asked on 12/02/08, 12:12 pm

2 Answers from Attorneys
Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: divorce and immigration

The fact that you got married outside of the country does not create a ground for divorce in this country since currently both of you do not reside in this country. The court of your country do not have jurisdiction over your divorce. It has to be filed in the U.S. If you were granted asylum but do not have the green cards yet and your husband was a derivative asylee from yur claim, he is absolutely right that he will not be eligible for the green card in case you get divorced. I know that this is not the answer you meant to get from me but it is what it is. Should you have any further questions, you can either email me at [email protected] or call the office to schedule an appointment. Good Luck!

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Answered on 12/02/08, 7:15 pm
Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: divorce and immigration

The fact that you got married outside of the country does not create a ground for divorce in this country since currently both of you do not reside in this country. The court of your country do not have jurisdiction over your divorce. It has to be filed in the U.S. If you were granted asylum but do not have the green cards yet and your husband was a derivative asylee from yur claim, he is absolutely right that he will not be eligible for the green card in case you get divorced. I know that this is not the answer you meant to get from me but it is what it is. Should you have any further questions, you can either email me at [email protected] or call the office to schedule an appointment. Good Luck!

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Answered on 12/02/08, 7:16 pm


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