Oshkosh, WI asked in Immigration Law for Wisconsin

Q: Can i subpoena my ex wife to testify on Immigration Court?

Upon a denial for removal of conditions after a divorce, once I am put on removal proceedings can i subpoena my ex wife to testify on Immigration Court ?

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: It can be difficult to perfect a subpoena. That is, your ex-wife may refuse to honor it. If not, then you will have to go to Federal Court with the support of the immigration court to issue an order demanding her appearance with the threat of arrest. The Court may not support the request. It is unclear whether DHS has the evidence that it needs to deport you. There may be other issues to take into consideration.

I strongly recommend that you hire a competent and experienced immigration attorney, before the court record is final and you cannot undo complications that may have otherwise not existed where you were represented by an attorney.

That above is general information, not legal advice, and does not create an attorney client relationship.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: The removal proceedings in the U.S. Immigration Court are administrative proceedings by nature, thus, in my opinion you cannot legally compel anyone by a subpoena to testify on the qualifying marriage validity as it is not a criminal case.

However, there are other legal alternatives to prove genuine and authentic marriage.

Consult further with a licensed counsel of your choice.

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