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Can a divorce compromise my immigration status?

Love knows no boundaries. As such, it is not unusual for Californians to fall in love with people who are from and reside in different countries. Though a marriage between an American citizen and a citizen of another nation is possible, the union can pose complications when it comes to establishing immigration status for the non-American national within the borders of the United States.

Further, divorce between an American citizen and his or her non-American partner can involve significantly more legal issues than divorces that occur between citizens of the United States. When one of the parties to an American divorce is an immigrant, that person may lose his or her right to be in the country once the marriage is legally ended. This is most commonly due to the individual's immigration status being based on his or her marriage to an American citizen.

Additionally, possession of a green card does not guarantee that a non-American citizen will be able to stay in the United States after his or her divorce is complete. The length of time that a person has had his or her green card can determine if a divorce will be fatal to the individual's right to remain in America. Individuals with legal questions about this topic are encouraged to speak with their divorce attorneys about how their marital terminations may impact their immigration statuses.

No divorce is easy, but a divorce between an American and a citizen of another nation can be highly complex. Many issues related to the end of a marriage can be addressed in mediation, an alternative way of seeking a divorce to the traditional route through the courts. Individuals whose divorces may include complicating factors like the immigration status of one of the parties may choose to use mediation to work through some of their unique questions rather than addressing those complexities in court.

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Dianne Drew Butler & Associates, Inc.
3031 West March Lane
Suite 224
Stockton, CA 95219

Phone: 209-390-8829
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