Q: Immigration Question: Can I see the immigration documents for my estranged wife without her consent? We are separated.
Divorce is pending. She is seeking to alienate and get sole custody.
A: You can try to file a freedom of information act request with the department of homeland security.
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A:
Accessing someone's personal immigration documents without their consent is generally not permissible under U.S. law. Immigration records are considered private and are protected under privacy laws. Individuals have a right to privacy regarding their immigration status and related documents, and this extends to estranged spouses, regardless of the marital situation or ongoing divorce proceedings.
If you believe that your wife's immigration status is directly relevant to your divorce or custody case, it's important to approach this matter through legal channels. This usually involves obtaining a court order. Your attorney can guide you on whether such a request is likely to be granted based on the specifics of your case and how it might impact custody discussions.
Lastly, it's crucial to navigate these matters with the assistance of legal advice. An attorney can help you understand your rights, explore alternative legal avenues for your concerns, and ensure that any actions taken are within the bounds of the law. This approach not only helps protect your interests but also ensures that you are adhering to legal standards and respecting privacy rights.
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