How Can A Divorce
Affect My Immigration Status?
Generally, immigration status does not affect a Divorce. A couple
can get Divorced in Chicago or the surrounding areas regardless of either
spouse’s immigration status. The Illinois law applicable to divorce requires one of the divorcing spouses to
reside or officially live in Illinois before filing for divorce. The law does
not mention immigration status, however, the residency requirement could be a
potential problem for an illegal immigrant spouse, unless they are somehow able
to prove residence in Illinois.
On the other hand, divorce can affect immigration status. The
effect of a divorce on immigration status depends initially on whether or not
an immigrant has entered the U.S. legally or illegally.
Legal Immigrants
When an immigrant enters the country legally, there are different
ways in which he or she can become a citizen or a permanent resident. If a
spouse helps with the application for permanent residency, divorce can affect
the application depending on how far the application has progressed at the time
the couple divorces.
Immigrants who are granted conditional permanent residency through
marriage have to apply jointly with their spouses for the conditions to be removed after a
certain amount of time. For couples who are divorced, or where one spouse is a
victim of domestic violence, a spouse can apply for a waiver to allow him or her to apply for the removal of conditions alone.
Note that if you signed an affidavit of support so your spouse
could become a permanent resident or a U.S. citizen, you may still remain
liable for her or his support after your divorce. The United States Customs and
Immigration Service (USCIS) cautions that divorce does not end the obligation taken on by signing an
affidavit of support. This means that after a divorce, a person who signs an
affidavit can be compelled to provide support to their ex-spouse based on that affidavit.
Illegal Immigrants
For a spouse that entered the country illegally, a divorce may
indirectly affect immigration status. Sometimes the lack of a legal immigration
status can be used as leverage by one spouse to gain an upper hand in divorce
proceedings. A spouse may threaten that they will report the other spouse and
have them deported unless they give up custody or the right to financial
support. These threats are not in the
divorce court, but usually made by the “legal” spouse privately. If such threats are made, you should inform
your attorney.
When a couple is seeking a divorce in Chicago, Cook / Lake or Du
Page Counties, they have to exchange financial disclosure information that includes
income and debts that each spouse has in their name. A spouse who is illegally in the country may
also lack an official source of income with pay stubs and other means of
assessing monthly income. This would make it difficult for a court to determine
the appropriate amount to order in child support or spousal support, especially
if the illegal immigrant spouse claims to be unemployed. Note that a parent still has parental rights
regardless of immigration status, and therefore would technically be able to
apply for visitation and custody.
Contact a Chicago area Attorney
If you are going through a
divorce in Chicago, Cook / Lake or Du Page Counties, and want to better understand how it will
affect you, contact the Chicago area divorce attorneys at M.
Scott Gordon & Associates, and see
how we can help and support you through the divorce proceedings.
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