Immigration and Divorce

San Jose Divorce Lawyer

Immigrants may be granted U.S. immigration benefits by way of marriage to a U.S. permanent resident or a U.S. citizen, as well as an alien who has a U.S. non-immigrant status. In the event of a divorce, these benefits are at risk of being lost. Immigrants who are facing a divorce, as well as a pending immigration petition, need to be aware of the laws that will affect them.

Termination of the marriage could also mean termination of the benefits or the pending immigration petition of the immigrant. In some instances, divorce may actually determine of affect the legal status of an alien who is a conditional permanent resident if the immigrant’s conditional permanent residence was obtained via marriage.

How You Can Lose Your Status

If you are an immigrant listed as a beneficiary of an immigration petition on the basis of marriage, your petition can be voided if the marriage is terminated in a divorce before permanent resident status is granted. You will no longer be eligible for permanent resident status through this relationship.

If Your Children are also Immigrants

This law could also affect your children if their immigrant status is also dependent on this relationship. Children of immigrants who are married to a U.S. permanent resident or citizen may file for permanent resident status through their “step-relationship.” Should the marriage be dissolved before their permanent resident status is granted, they too will no longer be eligible for permanent resident status through this relationship.

Contact a San Jose Family Attorney

If you are facing a divorce, you need the guidance and understanding of a family attorney who will be there for you. Contact San Jose divorce lawyer Daniel Jensen at 408-296-4100.