Can I Divorce My Wife without affecting my status in the US? 2 Answers as of July 12, 2011I was taken into custody by ICE when stopped for a minor traffic violation. I did get a lawyer and was let out on a bond. I do not have children and also my spouse is not a us citizen or resident, my lawyer still applied for the cancellation of removal and I received a letter from USCIS to present myself for the fingerprints. It was great news knowing I would be able to get a permit while waiting for my court hearing. However in the mist of all this I am not a happy married person and want to divorce. Would I be able to still go thru all this process without it affecting my status or my future status in the U,S?
Sariol Legal Center | Frank R. Sariol
With the facts you are giving us, your happiness will be short lived. It is true that you can get a work permit, a social security number and a driver's license, but you have no way of getting your cancellation of removal granted. Since your wife is neither a US citizen nor a Legal Permanent Resident (LPR) your marital status does not make any difference to your immigration case. Your only hope would be for your attorney to keep you in the US until there is some type of amnesty that would grant you LPR status.
Answer Applies to: California