Immigration Divorce Lawyer
Unfortunately, not every marriage works out, and sometimes divorce occurs before the petition to remove conditions on residency can be filed. It is in your best interest to seek out an experienced immigration divorce lawyer who can help you determine the best legal steps to remain in the country after a divorce.
When can an immigration lawyer help me if I'm getting divorced?
Can an immigration lawyer help me get divorced? The answer can be a tricky one. Generally speaking, for those who are going through a divorce, you should always go to a divorce lawyer. A divorce lawyer will focus on family legal matters and have the knowledge and the experience that’s needed to ensure that your rights are protected. He or she can also help you with any custody battles when it comes to your children as well as alimony and child support.
An immigration lawyer will help you with anything immigration-related such as getting a visa or bringing family over from another country. However, with a murky issue such as immigration and divorce, it depends on the situation. If you’re native to this country but your spouse is not, then you will only need to deal with a divorce attorney. If you’re an immigrant and you’re trying to figure out if you can keep your visa while getting divorced, it’s best to talk to an immigration lawyer. Keep in mind that every situation is different and if you’re unsure, then call to speak with our Immigration Divorce Lawyer.
Can Divorce affects an Immigration Status
If you’re an immigrant and you’re wondering whether your divorce will affect your immigration status, then the answer is yes it can affect your immigration status in one of three ways. What it comes down to is you and whether you do not have a green card, if you have a conditional green card, or if you have an unconditional green card. If there’s not a green card in your name, then it can affect your immigration status. If you do have a conditional or unconditional in your name, then it can also affect the status.
This means that if you don’t have a green card, then you’re not eligible for permanent resident status through your former partner if the marriage ends.
As for a conditional green card, then a divorce can complicate your ability to turn a green card into an unconditional green card. You’ll need to file an I-751 Petition To Remove The Conditions Of Residents, which an immigration divorce lawyer can help you with. You’ll need to adhere to criteria such as a good-faith marriage prior to the divorce and abuse that occurred in a good-faith marriage to be able to waive a joint filing requirement.
Lastly, for an unconditional green card, a divorce or an annulment will not actually impact your immigrant permanent resident status negatively only if you have one. However, due to the length of a divorce, it could take longer for you to become a U.S. citizen.
If you’re getting a divorce and you’re an immigrant, then don’t wait to contact an immigration divorce lawyer today.
Experienced Immigration Legal Help During Your Divorce
At the Salinas Law Firm, we can help you with all of your immigration needs if your marital status changes before a petition has been filed or needs to be amended.
Once a divorce has taken place, it can be difficult to get back on track to become a U.S. citizen if you don’t have an immigration divorce lawyer. During a marriage, an immigration application is generally pending before the USCIS and when a marriage is dissolved, then the spouse who is an immigrant will be seen as out-of-status. This means that the spouse who is an immigrant has a strong possibility of being removed from the proceedings when a divorce is finalized. In addition, if the marriage is less than two years old and an immigrant moved here for marriage, then he or she will be given a conditional permanent residence. After two years, then the immigrant will be given a full permanent residence. Additionally, if the marriage ends in divorce, then it’s possible that the spouse who is an immigrant can be deported and lose the immigration status. However, it all comes down to the amount of time the marriage occurred and whether the marriage was in good-faith.
To avoid the immigration consequences of a divorce, we will help you seek an I-751 waiver. In certain circumstances, an I-360 petition for battered spouses under the Violence Against Women Act (VAWA) may be warranted.
You may also use this waiver if you have suffered physical or mental abuse and the divorce resulted because of this abusive treatment, or if returning to your home country would cause you extreme hardship. As your attorney, we will help you brainstorm and gather evidence that supports your petition for this life-saving waiver.
For more information, please do not hesitate to contact our Immigration Divorce Lawyer today to schedule a consultation.
Immigration Divorce Lawyer Houston
A divorce can trigger immigration consequences that must be carefully explored and evaluated. We can help you choose the best option to protect your status. Contact an experienced Immigration Divorce Lawyer today to discuss your immigration situation.
Call us at 713-518-1711 or submit an online inquiry. We also offer online or phone consultations with potential clients who are unable to meet in our office.