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Understanding How Immigration Status Impacts A Divorce

Divorce is often a complex and lengthy process since it involves not just the dissolution of a marriage, but also the division of property and determination of custodial rights when children are involved. One factor that can hinder or lengthen divorce proceedings is when one parent is a foreign national and not a citizen or permanent resident. A change in marital status can impact an immigrant's right to live in the United States, so it is critical to have legal representation that is skilled in immigration law as well as divorce and custody proceedings.

For both immigrant and non-immigrant foreign nationals, divorce proceedings will be largely impacted by the spouse's current immigration status. For example, if an immigrant's status depends on marriage to a U.S. citizen or permanent resident, then a divorce would likely negatively impact their ability to remain in the U.S. after the divorce is finalized. Immigrants facing a divorce can often receive help through an application for change of status, but legal representation will be necessary to navigate the application process.

Children of a divorcing couple can also add another wrinkle to divorce proceedings when immigrant or non-immigrant foreign nationals are involved. If one parent faces possible deportation from the United States, then child custody rights must be determined to ensure the children are placed in a safe and stable environment. Although the parent that remains in the U.S. will often be given full custody, relatives of the deported foreign national might also desire visitation right as well.

Additionally, foreign nationals that are victims of domestic violence can qualify for special legal protection that helps protect them and their children without jeopardizing their residency status. Protective orders can be established to help ensure safety and peace of mind while divorce proceedings begin. However, applying for these legal protections require the services of skilled and experienced immigration family law attorneys to help ensure a smooth and successful process.

Christiansen Law Firm specializes in both immigration law and family law, providing clients with exceptional legal representation for divorce, custodial rights, adoption and domestic violence. The immigration and family law attorneys of Christiansen strive to ensure the rights of individuals and their children when divorce is imminent. By having thorough and knowledgeable attorneys, clients can be assured that their residency status will be protected and that divorce proceedings will be more amicable and equitable. For more information on how the Christiansen Law Firm can assist with your divorce proceedings involving a foreign national, contact the Christiansen Law Firm for more information, or go online to contact the office directly.

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