Your Immigration Status May Be At Risk
Many family law attorneys do not have a thorough understanding of the interplay between family law practice and immigration law. Lawyers often are not aware of the many consequences divorce or domestic violence can have on the rights and status of an immigrated client or their children. The experienced Attorneys at The Cutler Law Firm understand that these consequences may be devostating and they will explain these risks and protect your interests throughout the proceedings. If you want a free consultation with an Attorney to discuss these issues, contact The Cutler Law Firm at (248) 489-8780 or complete THE CONTACT FORM
Immigration laws have changed and have become more complex in recent years, however it is extremely important to recognize the following red flags:
- When the spouse is a conditional resident alien (CRA), that spouse may be at risk for deportation.
- If a non-citizen client is accused of domestic violence, his/her immigration status is at risk. A violation of a PPO is a deportable offense.
- If spouses have jointly signed an affidavit of support and to reimburse any goverment agency that spounsers the immigrant, a Divorce does not terminate the joint obligation.
The Law Regarding Immigration And Divorce
The Immigration and Nationality Act (INA), 8 USC 1101 governs immigration in the United States. Immigration regulations may be found in Title 8 and Title 22 fo the Code of Federal Regulations. Those regulations are interpreted by the Board of Immigration Appeals.
Although conditional residency may still be removed if the parties are separated, the procedure is much more difficult. A CRA who wishes to remove the conditions on his lawful residency and is at risk of deportation because of a potential divorce must prove that a good-faith marriage existed when the marriage was entered into and that the marriage has been terminated. You should note that the burden of proof is more difficult without the spouse's participation, so you want to maintain a level of civility.
Domestic violence issues involving stalking, child abuse, neglect or abandonment are treated harshly and are grounds for deportation. INA 237(a)(2), The Cutler Law Firm works with experienced Immigration Attorneys and Criminal Defense Attorneys to provide the best legal protection and secure an appropriate result to these immegration land mines. Contact the Attorneys at The Cutler Law Firm for a free consultation.
Michael H. Cutler, Esq.
The Cutler Law Firm
38275 West Twelve Mile Rd.
Farmington Hills, Michigan