The United States is full of residents that are allowed to live here because they are married to a U.S. citizen. With the national spotlight on issues of immigration, and our State’s close proximity to the border, it is important to understand how immigration status might be impacted by divorce. Specifically, what happens to the immigrant when he or she is divorced from a citizen? Will the non-citizen have to leave the Country, and if so what happens to the kids? The concern is real, and the following summarizes some of the common issues that arise in cases where one party is not a U.S. citizen.
The U.S. Citizenship and Immigration Services (USCIS) monitors residents that are not also citizens. Some of the concerns about marriage between a citizen and non-citizen are:
- Was the marriage solely so the non-citizen could remain in the Country?
- Is the couple living together?
- Were any children born of the marriage?
Once married, a non-citizen can begin the process of petitioning for citizenship. When divorce is imminent though, this may all change. The authorities may review the legitimacy of the marriage and thus the ability of the non-citizen to gain citizenship. If there are children involved your entire strategy may need an overhaul. For competent representation in this type of special case, contact a qualified family law attorney.
For more information about divorce and immigration, consult a qualified legal professional. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.