Our practice is uniquely positioned to help citizens and noncitizens, with or without status, with their family law needs, including Kentucky divorce and child custody matters. If you obtained your immigration status through marriage, not every divorce has to end in deportation or voluntary removal. If your immigrant benefits and rights are important to you, it’s important to hire a divorce lawyer with experience representing people like you. Contact us today by using our online form or call us at 859-838-1413 (Hablamos Español).
Divorces with immigration issues are very challenging and can present some unique complications. No matter what your situation is, we want to hear your story so we can understand your specific needs and safeguard your rights. Some of the divorce cases we can help with include those where:
- A U.S. citizen spouse files for an annulment, claiming the immigrant spouse entered the marriage fraudulently in order to become a U.S. permanent resident.
- A U.S. resident spouse sponsored the children of an immigrant spouse.
- An immigrant spouse has experienced either emotional or physical abuse by their U.S. citizen spouse or legal permanent resident spouse.
- An immigrant spouse’s naturalization was based on marriage to a U.S. citizen.
- One spouse has a legal permanent residence application pending.
- One spouse lives in the United States on a derivative temporary visa.
- Neither or one spouse has legal status in the United States.
- One spouse resides in the United States and one spouse resides abroad, regardless of legal status.
Many people whose immigration status is based on marriage to a U.S. citizen or lawful permanent resident are concerned about what happens in the event of a divorce. It is true that if you are in the U.S. on a visa that was granted based on your spouse’s application, a divorce or separation may affect your lawful status and ability to stay in the U.S.
Although the U.S. Citizenship and Immigration Services (USCIS) believes that a significant number of immigrant marriages are fraudulent and entered into solely to get a green card, immigration laws also recognize that real couples get divorces, too. One of the key elements is where you are in the process.
- If a U.S. citizen spouse or permanent resident has filed a visa petition (USCIS Form I-130) for you, but while the petition is still pending the marriage ends in divorce, you will not be able to take further steps toward U.S. immigration.
- If you have already attended your visa or green card interview and been approved for conditional residence, you will encounter some problems when you are required to submit USCIS Form I-751 asking that you be approved for permanent residence. Because the form is usually filled out jointly, you have to ask for a waiver and provide evidence that the marriage was not a fraud (commonly by proving you had a child together, owned property jointly or shared health insurance coverage). This is an incredibly complicated stage in the process if you have been divorced or have a divorce action pending.
- If you have already been approved for permanent residence, your situation is likely satisfactory unless you apply for naturalization.
- If and when you apply for citizenship, your immigration history will be reviewed and you will likely have to provide evidence that the marriage that got you the green card in the first place was entered into in good faith. If you can’t show that your marriage was real, you may be denied citizenship and even referred for deportation.
If you are in the process of immigrating to the United States, but are facing a divorce, contact CF Abogados to help you find the best solution possible. We have a long, successful history of providing a range of legal services to the Eastern KY immigrant communities and beyond. We are dedicated to providing family law services, including dissolution and support issues, and to offering personalized attention to each of our clients. Fill out our online contact form or call us at 859-838-1413 (Hablamos Español) and let us help you.