Foreign Divorces in California | What You Need to Know

As you know, divorce is typically a very complex matter, however, if you are someone who was granted citizenship in the U.S., or you were about to be granted permanent residency here in the U.S. on the basis of marriage, your divorce may be even more complex than others. Read on and reach out to our experienced California divorce attorneys to learn more about foreign divorce, whether a divorce will impact your immigration status and more. Here are some of the questions you may have regarding the legal process ahead:

What should I do if I was just about to receive my green card and got divorced?

When someone who is not a U.S. citizen marries a United States citizen, that person will generally receive citizenship here in the U.S. However, that being said, if you were about to marry a U.S. citizen, though you are not getting divorced or splitting up, you are most likely concerned that you will have to leave the United States. Fortunately, in certain cases, you have options on the table. Though you won’t be eligible for a green card on the basis of marriage at this time, there are still several paths available to allow you to stay here in the United States. For example, our firm may be able to prove that your marriage was in good faith and that you qualify for a waiver of termination. That being said, you must also prove that you will either suffer extreme hardship if deported or that you only divorced your spouse because of abuse or extreme cruelty.

What happens to my green card if I get divorced?

When a green card holder gets divorced, and they only received permanent residency on the basis of marriage, their best option is generally to file Form I-751. This form will remove the conditions of residence before the date of your green card expiration. Once you do, you will have to prove that your marriage was in good faith (i.e. that you were not solely married to gain citizenship in the U.S.). As long as you can prove as much, you should be able to stay here in the United States without issue. If you have any further questions or you need an attorney on your side, please do not hesitate to speak with our experienced Los Angeles divorce attorneys today.

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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