The Effect of Divorce on Immigration Status

Posted by: Gerald A. Maggio, Esq.

Riverside divorce lawyers; California Divorce MediatorsSo, you are not from the U.S. but getting divorced? It could be a big problem because it could affect your immigration status unless you are already an U.S. citizen.

There are many questions which people ask during a divorce. One important question is the question of green card and immigration status. If you are in the process of getting your green card but are also getting divorced, what then? Will your application be rejected?

Divorce effect on conditional permanent residence

You receive a conditional permanent residence when, the time of admission, you have been married for not more than two years. If you want to attain permanent residency, then you have to apply to the U.S. Citizenship and Immigration Services (USCIS) before the second year of your immigration admission. If, at the time of application, you are still married then you will become a permanent resident. But if your marriage fails then you can be liable for deportation.

Immigration applications after a divorce

There are strong laws that govern the status of an immigrant during a divorce proceeding. If you or your spouse are both immigrants, then you need to first get permanent residential status before you can get married on U.S. soil. If one of you is a U.S. citizen, then it becomes easier for the other to become a permanent resident.  In the case of a divorce, if you are still an immigrant when you filed for your divorce, chances are your residency status will be terminated and you will be sent back to your home country. But if you are separated and not yet divorced then the situation is not that grim. Because you are still legally married to one another, the court will strongly consider this fact.

Staying in the U.S. after a divorce

In case you choose not to withdraw your immigration application, you can be granted conditional residency. But it all depends on which state you are in and what the state laws say. The conditional residency is possible through a waiver.

If your marriage was based on good faith, you might not get that green card you applied for but you might get a conditional residency. For getting a green you must have stayed in the U.S. for a certain amount of time or have married an U.S. citizen. Situations are not always bad. It depends partly on your luck and partly on state laws.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.

Considering Divorce Mediation When Finances are not Your Strong Suit

Posted by: Gerald Maggio

20847599_mlIt can be uncomfortable knowing that the spouse you are divorcing is better-informed about family finances or more financially savvy than you. Frequently, less-savvy spouses feel that they must hire an independent attorney to litigate the divorce in order to get a fair settlement. Unfortunately, the amount of that settlement is often significantly reduced or totally wiped out by the attorney’s fees that pile up during litigation.

Fortunately, less costly options exist for those who would like to save money and time by using mediation, but who also need help in assuring that they can get a fair financial agreement.

One option is to hire a Certified Divorce Financial Analyst (CDFA). A CDFA can help a divorcing party gain a clear understanding of present, short-term and long-term financial issues. Hiring a CDFA early in the process can help individuals feel more confident throughout the negotiation process.

Those who want to proceed without hiring a CDFA may find a simple discussion of concerns with the mediator to be highly effective. Divorce mediators are trained to handle highly complex financial situations and to explain those situations fully to divorcing parties.

A good divorce mediator will not move forward with an agreement if he or she feels that both parties do not understand it fully. Alerting the mediator to a lack of financial knowledge is often all that is needed to ensure that all financial issues will be explained, explored and fairly settled.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”