New York Immigration Attorneys
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 jeopardize your residency case. If your citizen or resident spouse withdraws the petition or becomes uncooperative, your conditional status can be terminated and you may be placed in deportation proceedings. Additionally, your divorce could impact visa applications for relatives you are sponsoring or attempting to bring to the United States. However, immigration law provides for certain waivers of deportation in spousal cases, and our firm can help obtain one if appropriate. Keep in mind that your immigration status will not affect your rights and obligations in regard to the division of marital property, visitation rights, or child custody. At The Mandel Law Firm, we assist and represent immigrants facing divorce who need to protect their resident status and resolve family law issues.
American immigration law is very complex. The Mandel Law Firm will help you understand all your immigration options and your rights and obligations. We can help you prevent time consuming setbacks and legal complications by taking steps now to assert your immigration rights and ensure you are well represented in family or divorce court. To discuss your concerns and case, contact immigration and divorce lawyers at The Mandel Law Firm today.
Immigration and Divorce - Issues that Arise
Our attorneys 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 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 and Immigration
Many people think that if you get a divorce you will be deported. This is simply not true. If you entered into the marriage in good faith, and your husband or wife 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 have you deported by simply claiming he or she owns "the rights" to your green card.
Another common misconception is the idea that custody of children will be awarded to the spouse who has US citizenship. The court will always consider first the best interests of a child in awarding custody - regardless of whether a parent is a US citizen or immigrant.
One common mistake 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 Where to Turn? Contact The Mandel Law Firm Today To Schedule a Consultation
If you have heard conflicting information from others or are confused about what sorts of legal steps to take to protect your and your family's interests, contact The Mandel Law Firm today online, by telephone at (212) 697-7383, or toll-free at (888) 2 WIN NOW (888-294-6669) to speak with our expert immigration attorney.