Immigration Divorce Attorneys

Our Divorce and Immigration Attorneys Help Immigrants Seeking Divorce

Divorce is one of the most stressful of life’s experiences under the best of circumstances, but if you are a non-resident or a conditional resident trying to get permanent residency in the U.S., the divorce could also lead to deportation. Divorces with immigration issues are very challenging and can present some unique complications, but the divorce and immigration attorneys at Carman Fullerton, PLLC can handle all the legal intricacies and help you get a favorable outcome.

Many people whose immigration status is based on marriage to a U.S. citizen or lawful permanent resident are rightfully concerned about what happens in the event of a divorce. It is true that if you are in the U.S. on a visa that was granted based on your spouse’s application, a divorce or separation may affect your lawful status and ability to stay in the U.S.

Fortunately, there are legal ways to help, and if you obtained your immigration status through marriage, not every divorce has to end in deportation or voluntary removal. If your immigrant benefits and rights are important to you, it’s important to hire a divorce lawyer with experience representing people like you.

Carman Fullerton, PLLC is a Kentucky family and immigration law firm based in Lexington. Our practice is uniquely positioned to help citizens and noncitizens, with or without status, with their family law needs, including Kentucky divorce and child custody matters. We proudly serve clients in Fayette County, the Eastern KY area and throughout the state.

No matter what your situation is, we want to hear your story so we can understand your specific needs and safeguard your rights. We offer a free consultation to find the best solutions for your individual situation, so call us today at 859-971-0060 (Hablamos Español).

An Immigration Divorce Lawyer Can Help You Understand Your Options

According to U.S. Citizenship and Immigration Services (USCIS), to convert your conditional residency into permanent residency, you must fulfill two conditions, which are:

  • You must be married in good faith — meaning you should not have married for the sole purpose of obtaining a green card.
  • You must have been married for at least two years.

Although the USCIS believes that a significant number of immigrant marriages are fraudulent and entered into solely to get a green card, immigration laws also recognize that real couples get divorces, too. One of the key elements is where you are in the process when the divorce is filed.

  • If a U.S. citizen spouse or permanent resident has filed a visa petition (USCIS Form I-130) for you, but while the petition is still pending the marriage ends in divorce, you will not be able to take further steps toward U.S. immigration.
  • If you have already attended your visa or green card interview and been approved for conditional residence, you will encounter some problems when you are required to submit USCIS Form I-751 asking that you be approved for permanent residence. Because the form is usually filled out jointly, you have to ask for a waiver and provide evidence that the marriage was not a fraud (commonly by proving you had a child together, owned property jointly or shared health insurance coverage). This is an incredibly complicated stage in the process if you have been divorced or have a divorce action pending.
  • If and when you apply for citizenship, your immigration history will be reviewed and you will likely have to provide evidence that the marriage that got you the green card in the first place was entered into in good faith. If you can’t show that your marriage was real, you may be denied citizenship and even referred for deportation.

How Our Immigration Divorce Lawyers Can Protect You

Our immigration divorce lawyers can help you protect your immigration status even after divorce before two years of marriage by proving the following:

  • The marriage was done in good faith and the divorce was not your fault.
  • You will face extreme hardships if deported.
  • You were battered or treated with extreme cruelty by the U.S. citizen spouse, and this was the reason for the divorce.

We can help you prove your claim by investigating your case, interviewing witnesses, and obtaining evidence such as photographs of injuries or police and medical reports to prove your claims. In some circumstances, such as if you finalize your divorce and still want to obtain the green card, we will have you request the waiver of the usual requirement of spouse’s jointly filing the I-751 along with submitting the Form I-751 to the USCIS. Your request must be accompanied by the following documents:

  • Divorce decree or settlement
  • Proof that the marriage happened in good faith
  • A statement explaining why you got divorced.

Some of the cases our immigration divorce lawyers can help with include those where:

  • A U.S. citizen spouse files for an annulment, claiming the immigrant spouse entered the marriage fraudulently in order to become a U.S. permanent resident.
  • A U.S. resident spouse sponsored the children of an immigrant spouse.
  • An immigrant spouse has experienced either emotional or physical abuse by their U.S. citizen spouse or legal permanent resident spouse.
  • An immigrant spouse’s naturalization was based on marriage to a U.S. citizen.
  • One spouse has a legal permanent residence application pending.
  • One spouse lives in the United States on a derivative temporary visa.
  • Neither or one spouse has legal status in the United States.
  • One spouse resides in the United States and one spouse resides abroad, regardless of legal status.

Call Our Divorce and Immigration Attorneys for Help Today

If you are in the process of immigrating to the United States but are facing a divorce, contact Carman Fullerton, PLLC to help you find the best solution possible. We have a long, successful history of providing a range of legal services to the immigrant communities of Kentucky and beyond. We are dedicated to providing family law services, including dissolution and support issues, and to offering personalized attention to each of our clients.

Call us at 859-971-0060 (Hablamos Español) and let us help you today.