Will A Divorce Impact Your Immigration Status?

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, Mukherji, & Taylor, 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, Mukherji, & Taylor, 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, Mukherji, & Taylor, LLP represents clients in regard to the following immigration issues as affected by divorce:

  • Deportation/removal
  • Permanent residency
  • Derivative nonimmigrant status
  • K-class fiancée 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, Mukherji, & Taylor, 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, Mukherji, & Taylor, LLP today by calling 510-433-1900. We can explain your legal rights and the options available to you for staying in the country and protecting your children and family.

Big News- Firm Merger!

Bean + Lloyd, LLP and Park & Taylor to form Bean, Lloyd, Mukherji, & Taylor, LLP

We are thrilled to announce the merger of Bean + Lloyd, LLP and Park & Taylor, two highly respected Bay Area immigration law firms, beginning April 16, 2021. The new firm, Bean, Lloyd, Mukherji, & Taylor, LLP, combines decades of immigration experience in the subfields of family-based immigration, removal defense, asylum, humanitarian visas, and criminal immigration.

Partners Jesse Lloyd and Anita Mukherji, both certified specialists in immigration and nationality law by the California State Bar, will lead the firm. Karyn Taylor will join as Of Counsel, and Angela Bean will remain as partner and Anna von Herrmann as Of Counsel. The Park & Taylor staff will bring their two decades of experience to the team.

Bean, Lloyd, Mukherji, & Taylor, LLP, will maintain both its Oakland and San Francisco offices. While both offices will be temporarily closed to the public due to COVID-19, our staff will still be available by phone, email, and text message, and all consultations and client appointments will continue by phone or video. We look forward to reopening physically when it is safe to do so.

Please contact us at (510) 433-1900 or www.beanlloyd.com with any inquiries.

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