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UNDERSTANDING HOW IMMIGRATION STATUS IMPACTS A DIVORCE

Divorce can be a complicated and difficult process since it necessarily involves determination of child custody and division of property.  One additional factor that can impact the divorce is when one or both parents are foreign nationals rather than U.S. citizens or permanent residents.  A change in marital status impacts a foreign national's right to reside in the U.S..  Therefore, it is important to have qualified legal representation to assist with the divorce and with the immigration issues.

For foreign nationals, the divorce will be impacted by the current immigration status.  If an immigrant's status is dependent on marriage to the U.S. citizen spouse, then the individual would lose that immigration status upon divorce. Losing immigration status means that the individual would need to leave the U.S. unless a different immigration status can be accomplished.  

Children of parents who are divorcing can cause additional complications.  If one parent faces the need to leave the U.S., whether voluntarily or via deportation, child custody and visitation rights must be established that factor in the complexities of long-distance access to the child.  Even though the parent who remains in the U.S. often wins custody, relatives of the foreign national that are in the U.S. may also seek visitation rights.

Foreign nationals that are the victims of domestic violence can qualify for and obtain legal status in the U.S. so that they can maintain the ability to stay in the U.S. and care for their children.  Protective orders can also be obtained in order to ensure the safety of the foreign national and the children.  However, these special legal protections are complicated, and require the assistance of qualified legal representation.

Christiansen Law Firm specializes in both family law and immigration law, providing excellent legal representation in these overlapping areas.  The family law and immigration law attorneys of Christiansen Law Firm work to ensure the rights of individuals and families are protected.  By having thorough and knowledgable attorneys, clients can be assured that their immigration status will be protected to the extent possible and that divorce proceedings can be accomplished smoothly and thoroughly. For more information on how Christiansen Law Firm can help you navigate your divorce and immigration matters, contact Christiansen Law Firm for more information.

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Houston Office

(Principal Office)
16350 Park Ten Place
Suite 201
Houston, TX 77084
Phone: 281-579-2800
Fax: 281-579-2801
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San Antonio Office

111 Soledad Street
Suite 329
San Antonio, TX 78205
Phone: 210-829-0101
Fax: 210-829-8010
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at both locations

 

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