Immigration/Naturalization

questions & answers

Question: Me and my husband got married in 2010 and a year ago we separated I want a divorce but we never filed for his citzenship and he won't divorce me because he doesn't want to be deported. What should I do???

Answer: The following information is provided for general information only. Immigration law is complex and fact-specific, so it is best to contact an attorney directly to find out how the law applies to a specific situation.

A noncitizen spouse does not get deported merely because he/she divorces their U.S. citizen spouse. Marriage to a U.S. citizen is not in itself protection from deportation. Typically, the noncitizen person would have to come into contact with immigration services at which point immigration services would determine whether or not to place the noncitizen in removal proceedings. Removal proceedings could take several years before a final decision is made on whether or not the noncitizen is deported or not. In the meantime, the noncitizen could qualify for a number of forms of relief that could grant him/her temporary stay in the U.S. or permanent residence. To determine whether of not the noncitizen qualifies for any form of relief, he/she would have to consult an attorney.

Applying for Green Card :http://www.uscis.gov/greencard
Applying for Citizenship: http://www.uscis.gov/us-citizenship