Frequently Asked Questions / Do I need to withdraw a divorce petition for immigration purposes?

Attorney Michael Fischer

 Mike’s Answer:

In some cases a divorce or petition for dissolution may be affected by immigration. There are a variety of scenarios that could play out in this regard. Many immigrants who are facing divorce often have fear they will be deported, lose their status or custody of their children. There are a couple key points to note when it comes to issues dealing with immigration and divorce.

  • If you are currently a citizen your divorce will not impact your status
  • If you are a noncitizen who has been granted residency within two years of a valid marriage you could face deportation if the resident or citizen-spouse withdraws the residency petition during the divorce process
  • Permanent residency is conditional for two years. If you are divorced during this time, you must reapply for permanent residency or face the risk of being deported
  • A divorce could perhaps impact the statues of visa applications of the family members you may be sponsoring and striving to get into the country
  • Current immigration laws provide deportation waivers in cases involving spouses

Rest assured regardless what your spouse is saying, they cannot get you deported or claim the rights to your green card, nor will child custody rights automatically be granted to them. As in most situations the court will always seek the best interest of the child and this will override most other factors when establishing custody rights. When it comes to serious matters such as divorce and immigration, it is often advised to seek the help and advice of an experienced family law attorney who is in tune with the applicable statutes.

Posted in: Divorce, Family Law