Divorce & Immigration

Immigrants who find themselves facing divorce often worry they may be deported, lose their immigration status or lose custody of their children. If you are currently a citizen, your divorce will not impact your status. However, noncitizens who are granted residency within two years of a legitimate marriage could face deportation if the resident or citizen-spouse withdraws the residency petition during divorce proceedings.

At the law office of Bean + Lloyd LLP, our attorneys work closely with immigrants facing divorce, protecting and asserting their rights. If you have concerns or need legal representation in regard to immigration issues as they relate to divorce, contact immigration attorneys at the law office of Bean + Lloyd LLP in Oakland today.

When Divorce Impacts Immigration Issues — Guidance From California Lawyers

Since permanent residency is conditional for two years, if you are divorced during this time, you must reapply for permanent residency or risk being deported. Further, a divorce could impact the status of visa applications of family members you are sponsoring and trying to bring into the country. Current immigration laws, however, provide deportation waivers in cases involving spouses. Our attorneys can review your case and help you obtain a deportation waiver while making sure your rights are protected.

The law office of Bean + Lloyd LLP represents clients in regard to the following immigration issues as affected by divorce:

  • Deportation/removal
  • Permanent residency
  • Derivative nonimmigrant status
  • K-class fiancee visas
  • Green card applications
  • Travel documents

Family Law Issues, Immigration And Divorce

Despite what your spouse may claim, he or she cannot get you deported or claim the rights to your green card. Nor will he or she be awarded automatic custody of your children — even if you do have to leave the country for a period of time until your immigration status is resolved. The best interests of the children will always be the overriding determinant in awarding custody and establishing visitation rights.

Similarly, even if you are not yet a full U.S. citizen at the time of your divorce, you have certain rights to any marital assets subject to division under the law in California. Your spouse cannot leave you with debt or deny you your fair share of assets and real property in the division of marital property.

Need Additional Information? Contact Bean + Lloyd LLP

If you are married to a U.S. citizen and are concerned about your citizenship status during or after divorce proceedings, contact our U.S. immigration attorneys at the law office of Bean + Lloyd LLP today. We can explain your legal rights and the options available to you for staying in the country and protecting your children and family.