How will forged divorce papers affect my immigration case? 3 Answers as of March 03, 2011

My friend she came to the US on an H4 visa through her husband from the Philippines, the visa should be valid through sometime in July 2011. Her husband was seeing another woman and he decided he wanted to divorce her to marry this other woman. He forged her signature on the divorce papers and she was never officially notified of the divorce. Her now ex-in-laws found out about the divorce and mailed her a copy of the divorce papers. Since it has been well over 60 days from the date of the final decree is she now illegal in the US? Since the divorce papers were forged what sort of action can be taken and what will happen to her since her visa is up in less than 6 months? Will she be deported? What if she has a new-found love who is a US citizen and would like to marry him, could she stay in the US?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I think that your friend needs both an immigration lawyer and a divorce lawyer. Her estranged husband can be subject to immediate deportation himself due to forgery to obtain a divorce decree. Plus, your friend can assert a set-aside of the joint divorce decree due to fraud. She will need to file for, and obtain a divorce in order to obtain clearance to be with the U.S. citizen husband. Even though she would be out of status after the expiration of 60 days after divorce, an exception in the law allows a U.S. citizen petition for her. However, he needs the divorce first. She must not leave the country, in order to keep her eligibility. If she wishes to consult an attorney, I am available, and can also ensure referral to a suitable family lawyer.
Answer Applies to: California
Replied: 3/3/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Possible fraud is a serious matter so I suggest you both consult an attorney. She first needs to determine if the divorce is valid - if so she is immediately out of status. If she does get married to a U.S. citizen, yes you may petition for her permanent residency but if there is any question about the legality of her divorce do it again before you marry.

I would be happy to consult with you on your case. I do charge for consultations but whatever is paid for the consultation would be a credit toward the fees for your case if you retain us for further work after the consult. The consultation can be scheduled as indicated below by contacting my secretary, Janet, by phone.
Answer Applies to: California
Replied: 3/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
There are a few issues at hand. You should solve the divorce matter first. Nonetheless, when the visa expires, she should leave. You should hire a lawyer to fiile for you to avoid being denied.
Answer Applies to: Florida
Replied: 2/27/2011
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