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.

How Child Custody Law Works In California

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys Orange County; California Divorce MediatorsWhen couples decide to get divorced, the possession of the child (or children) is one of the most important and hotly contested matters. This is testament to the importance of children in one’s family.

The intention at the core of California child custody law has always been and continues to be the safeguarding of the best interest of the child. As mentioned in the introduction, the importance of a child cannot be forgotten, and that is exactly why the laws with regards to child custody set out to protect them and safeguard their rights. This aim to protect the child is once again at the core of the decision making by the judge in such cases. Primarily, the decision of the judge depends on the thing that is best for the child principle.

What Do the Courts Consider When Deciding Orange County Child Custody Cases?

  • The preference of the child considering they are of the age 14 or above
  • The gender, the stage of development the child is currently at, and the age of the child.
  • The needs of the child in terms of the educational, emotional and social aspects.
  • The traits of the parents, especially with regards to drug, sexual, child, emotional or alcohol abuse.
  • The psychological state of each parent and their ability for parenting
  • The cooperation and communication levels that exist between the parents.
  • The type of the relationship that exists between the parent and the child
  • Cultural considerations

How will the Temporary Orders be Decided?

There are three primary ways that an Orange County family law Judge can adopt to reach their temporary orders.

1.      Simply Agreeing On The Agreement Reached By The Parents

This is the most used way of deciding temporary orders. Both the child’s parents may have already come to an agreement before the court proceeding and drawn up an agreement. In such a case, the judge is likely to only endorse the agreement and make it legal.  Resolving child custody in divorce mediation or child custody mediation is often the best method compared to the cost, stress, and uncertainty of litigation.

2.      By Investigation

In some rare cases where the court wants to have further investigation done in matters related to the case, they are likely to ask the minor’s counsel and a private child custody evaluator, often referred to as a “730 Evaluation” to obtain up more information before the Judge makes the decision.

3.      By Formal Hearing

This is the common court route. The court is likely to hear out both the spouses and their counsel. It will also take into consideration each and every detail and evidence that they provide and it deemed relevant for the case before making a decision.

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