The intersection of family law and immigration can prove to be challenging because there are many direct and indirect ways that immigration status can affect family law matters. Anyone who’s in the United States as an immigrant may have questions about what they should expect when it comes to family law.
While there are many possibilities for how immigration can affect family law matters, the specific information of each case will be considered. This is particularly true when children are involved.
Divorce and immigration status
Some immigrants have a legal status that’s dependent on their marriage, so if they go through a divorce, their status can change. In some cases, filing to remove the residency conditions may make it possible to remain in the U.S. Learning these options as soon as divorce is considered may be beneficial.
Child custody and immigration
Immigration isn’t considered when it comes to child custody; however, a parent who’s facing removal from the U.S. because of an immigration matter may be viewed as less stable than a parent who will remain in the country. There are also various international child custody laws, such as those in the Hague Convention, that apply in certain cases.
Immigration matters are always subjected to changes in regulations and policies, so it can be difficult to stay abreast of that information. Anyone who’s dealing with a case involving immigration and family law should work with someone who can help them with the case, including exploring their options.