Navigating Immigration Law and Divorce
by
Joseph C. Maya on Feb. 16, 2024
Summary: Divorce can be a stressful process. When immigration law and a divorce intersect, it can be even more confusing and challenging. In this guide, we'll break down the key issues and offer practical advice for those facing both processes simultaneously. Here we discuss why consulting with a divorce and family law attorney is crucial when immigration concerns are involved.
1. Conditional Residency and Divorce:
If you obtained conditional residency through marriage, a divorce before removing the conditions can complicate your immigration status. Consider filing for a waiver, showing that the marriage was genuine but ended in divorce. This process can be tricky, so seek legal assistance from attorneys who understand the nuances of both divorce and immigration law.
2. Visa Petitions and Family-Based Immigration:
If you're sponsoring a family member for immigration and divorce happens before the process is complete, it may impact your eligibility. Be prepared to provide additional evidence of the relationship's authenticity and consult both an immigration lawyer and divorce attorney for comprehensive guidance.
3. Custody and Immigration:
In custody litigation, a parent's immigration status may be considered. Understand how potential deportation or immigration challenges could affect custody decisions. Attorneys handling these cases should be familiar with both family law and immigration law. Consulting with an attorney ensures that your custody strategy aligns with your overall legal situation.
4. Public Charge Rule and Financial Support:
The public charge rule assesses financial ability to support a sponsored family member. Divorce can impact this assessment, so be aware of its implications on your immigration case. Because divorce involves a division of assets, alimony and child support, your financial picture will change. Provide accurate financial information to immigration authorities and consult with a divorce attorney to ensure your divorce proceedings align with immigration requirements.
Conclusion:
Navigating an immigration application and divorce together can be complex. Seek guidance from experienced attorneys who will collaborate on your behalf. Stay informed, get legal advice, and be proactive in addressing the unique challenges that arise at the intersection of immigration law and divorce.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
