Q: I’m on political asylum status residing in MI. Do I need an immigration lawyer to divorce us?

A: Good Morning,

If you seek to divorce your spouse, your primary attorney filing the divorce should 100% be a divorce attorney; however, if you have concerns about your wife's legal status if she has a pending beneficiary petition, or any other immigration issues at play, I would certainly find an immigration lawyer to advise you, directly, and to separately advise your divorce lawyer of important considerations that you require being made so that any divorce action does not jeopardize any immigration concern you may have for your legal status, your wife's, or another beneficiary that may exist in the case. Coincidentally, I have recently researched the potential adverse consequences to an asylee's beneficiary spouse if the asylee files for divorce. From my research, the overarching takeaway was that it is unlikely for divorce proceedings to negatively affect an asylee's legal status or a beneficiary's legal status unless other issues were present in the circumstances of the case. For your case, I am happy to provide you and your attorney with Goodwill, free-of-charge service (we MUST both review and sign a pro bono agreement, at the very least; I would also request instead of payment, your willingness to review my immigration law practice on Google and one or more websites that offer attorney/law firm reviews by consults or clients of them) in fulfillment of your need to understand how immigration law may or may not intersect with your family court case, and what they potential consequences of certain scenarios may be. If needed, I can also provide you with resources, reasonable information, limited to moderate guidance, and a summary of general noteworthy facts and considerations that should be made by you and your divorce attorney, all relating to the intersection of immigration law and family law. If you would like to receive a free case evaluation of your immigration status and take a look at what your path toward your immigration goals will look like, and alternative paths that could potentially offer more value to you or any particular family member when the time comes to take that step, depending on the surrounding circumstances at that time for the particular individual at issue then. My email address is brian@maloneimmigration.com, and I believe you can likely message me on Justia, as well, because I hold a premium membership with this website. I look forward to helping you in as small or detailed a manner as you see best for you and your needs. I hope you're doing very well so far in 2024, and I assure you that any quantity of assistance I give to you will be the highest quality advice based on my commitment to thoroughly review the underlying circumstances of your case. Wish you the best.

Sincerely,

Brian C. Malone, Esq.

Malone Immigration Law, LLC

A: You may not necessarily need an immigration lawyer to proceed with a divorce, as immigration status generally does not affect the divorce process itself. Divorce proceedings are typically handled under state law, and since you reside in Michigan, you would typically follow Michigan's divorce laws. However, your immigration status can be a complex matter, and changes in your marital status could potentially impact your asylum status or future immigration applications.

It's advisable to consult with a lawyer who has experience in both family and immigration law to ensure that your divorce does not adversely affect your immigration status. They can provide guidance specific to your situation, considering both the divorce proceedings and any implications for your asylum status. Given that your spouse resides in Florida, there may also be considerations regarding which state's laws would govern the divorce, and a lawyer can help navigate this as well.

Remember, each situation is unique, and professional legal advice is key to ensuring that your rights and interests are adequately protected during the divorce process and in relation to your immigration status.