“Don’t Apply For Citizenship If You Have A Divorce From Nigeria” — US-Based Lawyer Warns, Cites Sections 15A & 15B Of Nigerian Law

A US-based immigration lawyer, identified as Matthew, has cautioned Nigerians via Tiktok against rushing into applying for American citizenship, particularly those with prior divorce records from Nigeria.

Matthew, in a recent advisory, explained that many Nigerians who secured divorces in Nigeria are facing serious challenges when applying for US citizenship, even after holding green cards for decades.

“If you are from Nigeria, don’t rush into applying for US citizenship. Even if you think you qualify, don’t rush. Especially if you have a prior divorce back in Nigeria. USCIS is accusing many people of false or fake divorces. They are even going as far as digging up details from DS-160 forms and alleging inconsistencies,” he warned.

He stressed that under Nigerian law, Sections 15A and 15B require presence in court for divorce proceedings. According to him, this has led US immigration authorities to brand some Nigerian divorces as fraudulent since many applicants were not physically present in Nigeria during their proceedings.

To avoid falling into removal or deportation proceedings, Matthew urged affected individuals to hire private lawyers in Nigeria to retrieve, certify, and re-verify their divorce documents through the Nigerian courts and US Embassy.

“If your divorce was real, hire a private lawyer to get it certified properly in Nigeria, then send it to USCIS. Otherwise, you risk losing your green card and being deported,” he added.

However, his position drew sharp criticism from Nigerian lawyers and commentators.

Joe Eboigbe, a Nigerian legal practitioner, dismissed Matthew’s claims, stressing that virtual divorce proceedings have been standard practice in Nigeria for years.

“Please note that virtual proceedings have been on in Nigeria for several years. It is not true that you must be physically present in Nigeria to institute, participate, lead evidence, and complete a divorce proceeding. Be guided, Sir,” he countered.

His rebuttal sparked a heated debate in the comment section. A user identified as mrsteeeek argued that Nigeria’s poor system fuels skepticism.

“Reason why anything that comes from there (Nigeria) can’t be accepted without serious vetting… isn’t that a concern that y’all need to start doing things right?”

Another commenter, ralphy2k3, insisted that many Nigerians still face consequences abroad, claiming his brother had run into problems due to such divorce technicalities.

But Eboigbe stood firm on his position:

“I have practiced family law for over 23 years in Nigeria with over 120 divorce cases concluded. Virtual hearing in divorce proceedings is very regular in Nigerian courts. You are at liberty to continue in your ignorance while referring to me as deceiving myself.”

Supporting Eboigbe, another follower, ajibobolawonderoluwabukola, a divorce attorney practicing in Nigeria for 10 years, confirmed that most diaspora clients successfully processed divorces without traveling to Nigeria.

“I can tell you for a fact that several embassies have contacted me to verify divorce certificates, and once confirmed, they accept them. Nigerians abroad do not have to be physically present because we do virtual hearings,” she stated.

While opinions remain divided, commenters acknowledged that Matthew’s warning is valuable, especially for Nigerians in the US pursuing citizenship. Many agreed on one point: Nigerians abroad should seek competent legal counsel to avoid complications that could jeopardize their immigration status.

TheNigeriaLawyer understands that many Nigerian men and women who visit the US see marriage as the easiest way to obtain a green card. They quickly file for divorce in Nigeria, process the paperwork, then marry a US citizen to get residency before returning to Nigeria. Meanwhile, the women are often left behind as single mothers, struggling within the system.

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