Asked in Divorce and Immigration Law for Florida

Q: My son a South African married a US citizen in 2015 and his wife is filing for divorce. Will he be deported.

They have an 18 month old son and lived together in Fort Lauderdale until she was unfaithful.

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3 Lawyer Answers
Yanky Perelmuter
Yanky Perelmuter
Answered
  • Immigration Law Lawyer
  • Cincinnati, OH

A: It depends. This is a situation where you will need to contact a competent immigration lawyer.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Did your son get permanent resident status already through that marriage? If so, was it conditional permanent resident status or unconditional? If he has conditional permanent resident status, when does/did it expire and has he already filed a Petition to Remove Conditions? As you can, there are many questions that need to be answered, and many more to be asked. Your son should schedule a consultation with a competent immigration attorney.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: We can’t say for sure. If your son has a green card, even if it’s a conditional one, the fact that he and his wife divorced will not, in and of itself, lead to deportation. If he has no green card and he is detained by immigration officers, he could be place in removal proceedings (deportation). We strongly recommend that your son consult with an immigration attorney concerning his case.

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