In cases where your residency is based on marriage, a divorce can have unexpected consequences for your residency.
For that reason, immigrants going through a divorce should discuss the matter with a qualified immigration divorce lawyer. The Dayton, OH, immigration attorneys at The VanNoy Firm can help you determine how a divorce would impact your immigration status and what you can do to avoid interactions with customs agents.
The VanNoy Law Firm has attorneys who can help immigrants going through a divorce, work in both specialties of the law, and have the resources to ensure the best outcome for our clients.
If you are currently a lawful permanent resident or green card holder, then your residency status would not be affected by a divorce. However, residency status on a visa would be impacted by a divorce. In addition, it would not impact conditional residency status for anyone who was married to a U.S. citizen for at least two years. Further, H-4 visa holders that are married to someone on an H-1B visa would be impacted.
Conditional residents that need to be married for three years to apply for U.S. citizenship could be prevented from doing so. You would then have to wait five years to file the application. Individuals who want to apply for citizenship will have to apply for a petition to remove conditions (Form I-751). You will also be required to file your divorce decree with the petition, proof that the marriage itself was not a sham, and tell the court why you got divorced.
Married residents with applications for legal permanent resident status on the basis of marriage would become deportable if they were to divorce. Anyone approved before the divorce would not have their immigration status changed based on divorce unless the marriage was a sham marriage. Divorced residents would still have to wait five years before applying for a green card.
Firstly, getting married does not automatically qualify you for citizenship. On the other hand, becoming divorced does not trigger deportation proceedings. Divorce courts are not permitted to contract customs officials. However, that does not preclude a third party from doing so.
Ultimately, immigrants going through divorce need two types of representation. The first will be a family attorney who is familiar with family law. The second is an immigration attorney who can help them manage their immigration status.
The VanNoy Law Firm has attorneys who can help immigrants going through a divorce, work in both specialties of the law, and have the resources to ensure the best outcome for our clients. Call today to discuss your situation, and a compassionate professional will answer any questions you have.
Our premier Dayton attorneys work diligently to defend our clients’ rights with aggressive and individualized legal representation.
I am truly appreciate all the work dedication & time Kristie has put in with me & my son Ja’Vien she has been like a second mother to us she has went beyond her way & made sure she stayed with us every step of it. God knows this was hard for me but he sent her to us & I will for ever be grateful for her. Ty sooo much for all u have done for my family I pray we never have to let this be the end of our relationship Truly Kenya & JaVien
As a Dayton Attorney, I have have both worked with Anthony and battled against him in Court for over 25 years. He is a great litigator and a fierce advocate for his client! Besides that, his word is his bond!
Make the Call! Call the VanNoy Firm first!! I spent days, calling around to different firms seeking legal assistance. Our lives can change in an instant and if you are faced with a legal challenge, call the VanNoy Firm! I was blessed to have the support, guidance and overall experience that I did with the VanNoy Firm. Kristie Gotwald represented me in a Child Custody Case. Kristie’s commitment to my case was exceptional. Kristie’s communication, not only with me but also with the court and the opposing layer, kept me confident that Kristie was continuing to fight for justice everyday.…
I highly recommend Kristie L. Gotwald, Esq. from the VanNoy Firm. My cousin avoided a lot of serious time because of her. She was always pleasant and professional and I really appreciate her honesty and transparency through the whole process
Great person and a great lawyer!
ANTHONY is the best!! Handled my boyfriends case like it was nothing in and out very quickly!! I would recommend using this law firm!!
Anthony is the BEST handled my case very swiftly and efficiently!!!!
I wanted to take the time to personally thank the VanNoy firm for their professionalism, and very courteous assistance in my legal matters. They helped me get going in the proper direction even being from out of state. Would’ve never expected so much help and such expert advice with a really caring type of attitude. I will highly recommend as well as personally used the VanNoy firm with any future legal matters that they are able and willing to take action on
Mr. Vannoy was excellent in advising and handling the whole legal process, would highly recommend the Vannoy Firm for your legal matters.Mr.Vannoy l will always be greatful. And Ms. Kathy your the best.
Make a consultation with our expert team to solve your problems.
Fill out the form below to schedule a consultation.