Legal Question in Immigration Law in California

Is there anyway that a immigrant that is married to an american citizen can file for a divorce if they are not supposed to be here in the USA??? If so is it possible also to get partial custody of any child also??


Asked on 9/09/09, 2:56 am

2 Answers from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

One's immigration status is irrevelant to a California divorce proceeding. You can divorce, you can have custody of any child, etc.

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Answered on 9/09/09, 9:16 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

If you're speaking about qualifying for divorce despite being undocumented, that doesn't matter. You can still get divorced. Whether you get custody could depend on the judge. Courts are concerned with aliens taking U.S. citizen children from the U.S., so I would say it would depend on the jurisdiction where you are divorcing and the practice there. If you question is about divorce and custody, you should contact a local family lawyer.

Whether you qualify for immigration status is a separate matter which I could examine if you are concerned about that.

For futher information concerning how I might help you and my practice, do get in touch at 818 609 1953, [email protected] or visit me at http://www.yardum-hunter.com. Until then, we yet to have an attorney client relationship.

Best regards,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA and "Super Lawyer" 2004-2009, Los Angeles Magazine

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Answered on 9/09/09, 12:33 pm


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