Q: Hi. I have a question.. In 2008 I married a man from Guatemala and he was an illegal alien and entered illegally.
He got a temporary work visa and has been using that since then. He can't get his residency because he entered illegally. He is a horrible person and commuted identity theft and has several DUI. What I want to know is now that we are no longer married can he legally stay here? Can I withdraw my petition. He still only has a work visa. And he has a criminal record. What options do I have and what option does he have. He refused to leave the country to apply citizenship. And he's on a work visa. Help please
A: I am not sure what you are asking. If you want to file for divorce, you can be divorced from a non-resident alien. If he is not Colorado you may not be able to divide property, but you can be divorced. If you are asking if a divorce will force a deportation, the answer is usually no. If he has a valid work visa he can stay in the US until the term ends and he can pursue a renewal.
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