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Divorce FAQ

Immigration and the Difficulties of Divorce: An FAQ

wpadmin August 25, 2017

Divorce, in itself, it a difficult subject to understand at times. Emotions are high and you are treading on new grounds that you have never discovered before. This is why, if you are going through a divorce but you are also an immigrant or the spouse of an immigrant, you may have some questions for us. Luckily, we are here to help!

FAQ  

How does conditional permanent residence play a role in my marriage and divorce? If you immigrated to the U.S. and your marriage is less than 2 years old at the time of admission, you will receive conditional permanent residence status. This lasts for two years until you file a petition for permanent residence. If the marriage is dissolved and you have not taken this step, the immigrant status will be lost and you then become deportable.

What happens if I am divorcing my immigrant spouse but I sponsored their immigrant application? You should withdraw your sponsorship because this means that you will be assuming responsibility of their overall support as well as their dependents. However, just because you do this, doesn’t mean will be off the hook for supporting them, as you may still have to do so after divorce.

After a divorce, how are immigration applications treated? After the dissolution of the marriage, an immigrant spouse will be considered ‘out of status’ and could be subject to removal from the U.S. 

How can immigration status be maintained even in a nasty divorce? If you have been a conditional resident for at least two years, you will not need your spouse’s assistance to process an I-751 petition – and if it’s less than that, you can request a waiver. The waiver may be granted if you will experience extreme hardship from being deported or you were a battered spouse. 

What if I believe that I am a victim of marriage fraud? The spouse can then go forth with an annulment.

Immigration and divorce can be very serious subjects that can have a direct impact on your life, no matter what end you are on. This is why it is important to work with us to reach a resolution during your divorce and give you the best results possible. Call us today for more.

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The Law Office Of Soheila Azizi & Associates, P.C.

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Adrianne Fernandez 3/11/2021

Google
Beyond impressed! I had been self represented through years of family law and child support court hearings and was so hesitant to hire an attorney out of fear and trusting that they would appropriately represent myself and child. After tons of research I contacted Ms. Azizi. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. Ms. Azizi heard my concerns and was extremely sensitive to the matter of FAMILY. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them. Ms. Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs!

Linda P 6/19/2020

Yelp
This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times. My attorney was Mr.Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have.

Diana H. 05/01/2021

yelp
Seven stars. I had planned to put up my reviews after my final judgment but after the first hearing, couldn't wait, and I would write this whatever the outcome of my difficult case. Soheila was simply amazing in her arguments and strategy before the judge. I felt so taken care of. I chose her for her near-30 years of experience as an attorney, the depth and strength I observed in one who had weathered hardship through her many accomplishments, her compassion, and her smarts. I can't imagine what other attorney would have Zoomed with me even in sickness to help prepare me for a legal session. And I later saw how keen she'd been in her advice. I've been deeply touched watching Soheila and her paralegal Lynda Walker fight for my child as if he were their own. They in particular have treated me with great humanity - day and night from what I experienced at my former attorney's. Lynda is a gem, on her toes, flexible, hard-working, committed to each client, humble, and sweet. She has slaved over my case, doing much of the writing, watchful of me on paper and in person, guiding me gently while encouraging me to use my voice. The staff, including the office administrator Lorenzo and Linda C, is caring, respectful, and conscientious. A band of angels.
 
5
Excellent