Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation. On this website, I do not always get to give good news, and I am afraid that this is one of such times.I now feel since she was an illegal immigrant, the divorce contract was fraudulant at the time it was drawn up by her lawyer.
Regardless of the business issue, we focus on the presumption at hand that her being an illegal immigrant invalidates the divorce in some way. I am afraid that this is not true. Even illegal immigrants have the right to access civil courts, including family court. Olupo v.. Olupo, No. C8-02-109, 2002 WL 1902892, at *1 (Minn. Ct. App. Aug. 20, 2002).
This has been determined in every state and by the federal court
Ergo, her being an illegal immigrant (commonly known as out of status) is not an issue when it comes to the divorce, unless there is a custody battle. Aside from that, her immigration standing does not prevent her from accessing the Court, or signing any documents, entering into agreements, and/or representing herself or being represented, I am afraid.
As such, the divorce contract was not fraudulent - at least not on those grounds.
However, if you feel she defrauded you in any other way, please use the REPLY button and we can explore the possibility of that being a reason to possibly reopen the divorce.
Please note: I aim to give you genuine
information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating