Chicago Divorce Attorney Russell D. Knight Explains Legal Limits of Deporting a Spouse Amid Divorce

The intersection of immigration and divorce law presents a unique challenge for many couples in the United States. Chicago divorce attorney Russell D. Knight (https://rdklegal.com/can-i-get-my-husband-or-wife-deported/) addresses a frequently asked and emotionally charged question: Can I get my husband or wife deported? In his detailed blog article, Knight, of the Law Office of Russell D. Knight, outlines the realities and limitations involved in attempting to initiate deportation proceedings against a spouse during or after divorce.

According to Chicago divorce attorney Russell D. Knight, this issue arises often when a spouse suspects that the marriage may have been entered into fraudulently to gain immigration benefits. Many clients wrongly assume that reporting an immigrant spouse will result in immediate deportation. However, Knight clarifies that the U.S. Department of Homeland Security (DHS) rarely takes action based on individual reports unless significant criminal activity, such as fraud or human trafficking, is involved.

As a Chicago divorce attorney, Knight explains that simply being undocumented is not a priority for DHS enforcement. "The Department of Homeland Security is looking for information relating to crimes like fraud, human-trafficking, and gang-related crimes. Simply being undocumented is not something their tip line is looking for," he writes in the article. He further notes that scheduling an appointment at a local USCIS office may be more effective than calling the DHS tip line in non-criminal cases.

Knight goes on to detail the specific scenarios under which deportation might be possible. For example, when a spouse has conditional residency, typically granted for two years to verify the legitimacy of a marriage, there is a narrow window for deportation if fraud can be proven. Citing the Immigration and Nationality Act (INA), Knight notes that an immigrant may be deportable if they secured a visa through fraudulent marriage and fail to demonstrate the legitimacy of the relationship to the Attorney General.

Still, the threshold for proving fraud is high. Knight references the Texas case Montenegro vs. Avila to illustrate the type of extreme circumstances that might meet this standard. In that case, the court found compelling evidence that the marriage was manipulated entirely for immigration benefits. However, Knight points out that Illinois courts have been far less active in such cases, with the last significant ruling on marital fraud for annulment dating back to 1979.

For those whose spouses have moved beyond conditional status and obtained permanent residency or citizenship, the options become even more limited. Knight notes that at the permanent resident stage, DHS lacks a formal process for initiating deportation unless fraud is proven to an extraordinary degree. Once citizenship is granted, only cases involving treason-level conduct typically qualify for revocation and removal proceedings.

While many people believe that revealing fraud will lead to immediate action, Knight cautions that the reality is often far more nuanced. "In the end, it proved far too difficult to do under Illinois' annulment laws," he writes about one particular case. Even where there is a belief that the marriage was fraudulent, the burden of proof and the legal pathway are formidable.

Knight also addresses what to do when a spouse has already been deported. He confirms that a divorce can still be filed in Illinois if the petitioner has been a resident of the state for at least 90 days. The process involves mailing the necessary documents to the deported spouse, obtaining signed consent, and appearing in court-either in person or via Zoom-to finalize the divorce.

This analysis from Chicago divorce attorney Russell D. Knight helps demystify a topic that often fuels emotional and legal confusion. It also reinforces that the legal system requires more than suspicion or personal grievances to act on immigration matters, especially in the context of a dissolving marriage.

Marriage fraud, defined by 8 U.S.C.S. 1325, carries severe criminal penalties, including up to five years of imprisonment or a fine of $250,000, or both. Still, Knight advises against relying on deportation as a resolution to marital conflict. He concludes with a cultural reminder: "Living well is the best revenge."

Individuals dealing with divorce and immigration concerns in Chicago can learn more by reading the full article or contacting the Law Office of Russell D. Knight to discuss available legal options. The article serves as a valuable resource for understanding the limited but precise conditions under which deportation may intersect with divorce.

About Law Office of Russell D. Knight:

The Law Office of Russell D. Knight is a Chicago-based family law firm focusing on divorce, custody, and related legal matters. Russell D. Knight is dedicated to helping clients navigate emotionally and legally challenging family law issues with clarity and diligence.

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