Divorce and Immigration 

New York Immigration Attorneys

When a non-citizen obtains residency within two years after a good-faith marriage to a US citizen, you become a conditional permanent resident. A divorce or separation during this "conditional" two year period can jeopardize your residency case. If your citizen or resident spouse withdraws the petition or becomes uncooperative, your conditional status will likely be terminated and you may be placed in deportation proceedings. Additionally, your divorce could impact visa applications for relatives you are sponsoring or attempting to bring to the United States. However, immigration law provides for certain waivers of deportation in spousal cases, and our firm can help obtain one. Keep in mind that your immigration status will not affect your rights and obligations in regard to the division of marital property, visitation rights, or child custody. At The Mandel Law Firm, we assist and represent immigrants facing divorce who need to protect their resident status and resolve family law issues.

American immigration law is very complex. The Mandel Law Firm will help you understand all your immigration options and your rights and obligations. We can help you prevent time consuming setbacks and legal complications by taking steps now to assert your immigration rights and ensure you are well represented in family or divorce court. To discuss your concerns and case, contact immigration and divorce lawyers at The Mandel Law Firm today.

Immigration and Divorce - Issues that Arise

Our attorneys can advise and represent you in immigration issues that involve marriage and divorce. For example:

• Fiancé visas, such as K1, K2, and K3 visas

• Applications for E3, J2, and R2 visas
• Deportations
• Permanent residency issues
• Citizenship applications for family members

We can represent you in family law matters that could affect your immigration status:

• Child custody
• Visitation rights/parenting time
• Division of marital assets
• Child support
• Spousal support

Common Misconceptions about Divorce and Immigration

Many people think that if you get a divorce you will be deported. This is simply not true. If you entered into the marriage in good faith, and your husband or wife tries to have you deported, you can apply for a waiver of deportation on the basis of either extreme hardship, a good faith marriage that ended in divorce or annulment action brought by you, or a good faith marriage that ended because of abuse by the US citizen or resident. Your spouse cannot have you deported by simply claiming he or she owns "the rights" to your green card.

Another common misconception is the idea that custody of children will be awarded to the spouse who has US citizenship. The court will always consider first the best interests of a child in awarding custody - regardless of whether a parent is a US citizen or immigrant.

One common mistake is the belief that unless you are a US citizen, you have no right to claim your share of certain marital assets. Any property or assets acquired during the course of your marriage is subject to an equitable division between you and your spouse, regardless of your immigration status.

We Understand what You're Going Through - We've Been There

Our expert immigration attorney, Rafael Gonzalez, arrived in New York with his parents when he was in second grade. He knows about leaving your home and struggling to learn English and about making a new life in America. Mr. Gonzalez overcame many economic, cultural and educational challenges to achieve the success and reputation he has cultivated over the past 20 or more years practicing as an attorney. Mr. Gonzalez reaches out to clients to reassure them and keep them informed regarding developments in their case. Accessible and compassionate, Mr. Gonzalez takes the time needed to provide clients with security and peace of mind.

Questions? Not Sure Where to Turn? Contact The Mandel Law Firm Today

If you have heard conflicting information from others or are confused about what sorts of legal steps to take to protect your and your family's interests, contact The Mandel Law Firm today to speak with our expert immigration attorney Rafael Gonzalez.