Divorce & Immigration Issues
When a non-citizen obtains residency within two years after a good-faith marriage to a US citizen, they become a conditional permanent resident. A divorce or separation during this “conditional” two-year period can pose serious problems regarding obtaining permanent residency. If the citizen or resident spouse withdraws the immigration petition, becomes uncooperative or leaves the marital relationship, the conditional status can be terminated and the conditional resident may be placed in deportation proceedings. Additionally, the divorce could impact visa applications for relatives being sponsored or attempting to come to the United States. Immigration law provides for certain waivers of deportation in spousal cases, and our firm can help obtain one if appropriate. Keep in mind that one’s immigration status will not affect one’s rights and obligations in regard to the division of marital property, visitation rights, or child custody.
ImmigrationFilers is a division of DivorceFilers dedicated to assisting immigrants facing divorce who need to protect their resident status and resolve family law issues.
We can help you prevent time consuming setbacks and legal complications by taking steps now to assert your immigration rights. To discuss your concerns and case, contact us at 1-888-224-6800.
Immigration and Divorce – Issues that Arise
ImmigrationFilers using a team of highly experienced immigration attorneys who can advise and represent you in immigration issues that involve marriage and divorce. For example:
- Fiancé visas, such as K1, K2, and K3 visas
- Deportation and Removal
- Permanent residency issues
- Citizenship applications for family members
- We have lawyers available who can also represent you in family law matters that could affect your immigration status:
- Orders of Protection
- Child custody
- Visitation rights/parenting time
- Division of marital assets
- Child support
- Spousal support
Common Misconceptions about Divorce & Immigration
Many people think that if you get a divorce you will be automatically deported. This is most certainly not correct. If you entered into the marriage in good faith, and your spouse tries to have you deported, you can apply for relief from deportation on the grounds the marriage was entered into in good faith and ended divorce or in an annulment action brought by you, or a good faith marriage that ended because of abuse by the US citizen or resident. Your spouse cannot play any role in any potential deportation case against you.
Another common misconception is the idea that custody of children will be awarded to the spouse who is the United States citizen. The court will always first consider what is in the best interests of a child in awarding custody – regardless of whether a parent is a US citizen or immigrant.
A final misconception is the belief that unless you are a US citizen, you have no right to claim your share of certain marital assets. Any property or assets acquired during the course of your marriage is subject to an equitable division between you and your spouse, regardless of your immigration status.
Questions? Not Sure What to do Next? Contact ImmigrationFilers Today To Schedule a Free Consultation.
If you are confused about what legal steps to take to protect your and your family’s interests, contact ImmigrationFilers today online, by telephone at (212) 608-1630, or toll-free at (888) 224-6800 to speak with our experts.
Disclaimer: This Website provides general information only related to the divorce and immigration process designed to help users safely cope with their divorce and immigration issues. This website does not provide legal advice and Provider is not a law firm. None of our customer service representatives are lawyers and they also do not provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.