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I am a US citizen, he is a NZ citizen. Our marriage has

Customer Question
I am a US...

I am a US citizen, he is a NZ citizen. Our marriage has failed and I want a divorce. We live side by side in two houses, the stress is awful. When I file for divorce, will it mean he has to leave America? He has not applied for any citizenship status that I know of. He has been diagnosed with Parkinson's and has every intention of staying until INS hauls him away and forces him to leave. We live in TN. I am an older woman, recently was hospitalized with a stroke and am a bit better, but not much. the strain and stress of his remaining here will kill me. He knows it.

Lawyer's Assistant: What steps has he taken? Has he filed any paperwork with the U.S. government?

He has not filed anything that I know of. He plays his game very, very close to his chest and reveals little to me. He is using me big time and the stroke could not have been better from his standpoint. He plays games of 'good husband', bad husband and I never know what he will do next, but he REFUSES to get serious about returning to NZ.

Lawyer's Assistant: Has the husband talked to a lawyer about the citizenship application?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, ASAP please, help me get out of this sad marriage.

Submitted: 8 months ago.Category: Immigration Law
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Answered in 4 minutes by:
11/13/2017
Immigration Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Immigration Law
Satisfied Customers: 13,340
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Generally, if he has not become a U.S. citizen or otherwise adjusted his status to be a permanent resident (e.g. getting a green card), then he always runs the risk of deportation by ICE. Thus, it does not matter whether he is married or divorced, until and unless he changes his status with USCIS, then he may run the risk of deportation back to NZ. What other questions did you have for me?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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