Divorce & Immigration Issues

Edison Divorce and Immigration Attorney

JudgeGuiding New Jersey clients through issues facing divorce and immigration issues

Divorce is a complicated matter that can devastate the family. When a divorce can impact your immigration status, it can be a complex matter in need of effective legal services. There are many issues that a person faces when the topic of divorce and immigration intertwine and one’s ability to stay in the United States is impacted. If you are a person who has immigrated to the United States and is worried about your immigration status because of a divorce, you may be able to stay under the right circumstances. If you have married a person that you believe may have married you with fraudulent intent, you need quality legal services to represent your interests. If you need a committed law firm to actively advocate on your behalf in and out of court, you should contact the Law Office of Omar K. Qadeer, PC for a consultation.

Divorce and immigration status

If you are seeking citizenship and are about to face divorce, you may be concerned about a revoked petition or even deportation. If you wish to stay in the United States, you may be granted conditional permanent residence while you complete the process. The issue you face is that you will no longer be able to get your green card based on marriage. If you can prove that your marriage was in good faith, you can apply for a waiver of termination. You must satisfy one or more criteria for the US Citizenship and Immigration Services by:

  • Providing proof that the marriage was valid
  • Providing proof that you will suffer extreme hardship if you are deported
  • Providing proof of extreme cruelty or abuse from the U.S. citizen spouse  

If you have already obtained a green card before the marriage ended, you will have to file a Form I-751 to remove the conditions of residence before the green card expires. You will still have to prove a good faith relationship and that the union was not just for immigration purposes. If you already have an unconditional permanent residence before your divorce, you may face a small delay in obtaining full citizenship. With so many more variables to consider, if you are concerned about how your divorce will impact your immigration status, you need to contact an attorney and discuss your legal situation.

Marriage Fraud

Marriage fraud is a federal crime. If you have been a victim of marriage fraud based on immigration status, you should contact an attorney immediately. Furthermore, if the USCIS has yet to make a decision on the Form I-751, you could consider withdrawing the joint petition and refuse to attend the scheduled interviews. If your spouse has already filed a new I-751 asking for a waiver of the joint filing requirement or has already received a green card, there is little you can do besides notifying the authorities. Though it seems like the logical next step, this is not always the case. If the USCIS or ICE believes that you were in any way complicit with the fraudulent marriage, you could also be subject to investigation. It is important to note that when you helped your spouse attain the initial green card application, you signed a Form I-864 which is an Affidavit of Support. This is a binding contract with the government stating that you will financially support your spouse unless he or she loses the green card or leaves the United States. With so many issues to address and variables to face, it is important to contact an attorney that can represent your interests effectively.

Contact a Middlesex immigration and divorce attorney

The Law Office of Omar K. Qadeer, PC has represented clients across New Jersey facing divorce and immigration issues. When these issues intertwine, a person could be facing a myriad of legal matters that need the attention of an experienced and effective attorney. If you need our help, don’t hesitate to contact our Edison law firm for an initial consultation.