Will I still get my rights or any type of alimony if I am an illegal immigrant? 1 Answers as of June 22, 2011My husband of 22 months wants a divorce. We have a soon to be 2 year old. I am not a legal citizen. He promised to help me with that but now he doesn't care. I never had a job and seeing that I am not legal I can't obtain one. What are my options?
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
There are a number of different issues raised by your question. First, when you state that you are "illegal" do you mean that you entered the USA illegally, did you enter legally and stay after your status expired, or are you here legally but lack a work permit? The answer could affect your ability to stay in the US. Second, if you are awarded custody of your 2 year old child, your husband will be required to pay child support to you until your child reaches maturity. This is required even if you and your child are forced to leave the US. Third, on the issue of maintenance (the term in New York for alimony), the fact that you don't work and are not permitted to work could give you the grounds to obtain maintenance from your husband. You should consult an attorney with experience in the issues of immigration law and divorce to assist you with your case.
Answer Applies to: New York