Divorce and the Undocumented Spouse

Part One of a Two-Part ArticleMarriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.

6 minute readAugust 01, 2017 at 12:03 AM

Laurie J. Woog

Elena recently initiated divorce proceedings against her husband, Marcus. She told her family law attorney that he is “controlling” and quick to anger. But suddenly, Elena seems reluctant to continue the proceedings.

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

Stay current on the latest information, rulings, regulations, and trends
Includes practical, must-have information on copyrights, royalties, AI, and more
Tap into expert guidance from top entertainment lawyers and experts

Subscribe Now

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

Continue Reading

When AI Gets It Wrong: Managing the Legal Risk of Hallucinations in Business Decision-Making

The use of AI does not alter fundamental obligations of accuracy, reasonableness and accountability. The legal risk lies not in the existence of hallucinations but in the failure to govern and verify them.

March 31, 2026

Supreme Court Unanimously Rejects Effort to Hold ISPs Liable for Customers’ Copyright Infringement

The Court held that intent is required and that mere awareness of infringement does not establish secondary liability.

March 31, 2026

Supreme Court Unanimously Rejects Effort to Hold ISPs Liable for Customers’ Copyright Infringement Based Solely on Failure to Terminate Users

The Court held that intent is required and that mere awareness of infringement does not establish secondary liability.

March 31, 2026

Stop Hoping Your Law Firm Partners Become Rainmakers: Why Firms Need BD Infrastructure, Not Encouragement

If you want sustainable revenue growth, you cannot treat rainmaking as a personality trait. You must treat it as a professional discipline — one that is intentionally developed through structured partner development based on a proven framework.

March 31, 2026

The Hidden Cost of a Bad Executive Hire In Law Firms

Law firms often approach executive staff hiring with a fraction of that rigor they spend on recruiting partners and laterals. The result is a category of mistake that is expensive, slow to surface, and entirely preventable.

March 31, 2026