How Can Divorce Affect Your Ex-Spouse's Immigration Status?
If you and your spouse have recently come to the difficult (but mutual) conclusion that living apart is better, you may be wondering about the best way to proceed with untangling your joint assets and debts and deciding child custody. These often complex decisions can be complicated even further if your soon-to-be ex-spouse is an immigrant, as divorcing a U.S. citizen can sometimes mean deportation for those who are in the U.S. pursuant to a marriage visa. Here is more about how divorce can impact your spouse's immigration status and what options you may have if deportation could interfere with your ex-spouse's ability to see your children.
How can divorce impact an immigrant?
Many who fall under the broad term "immigrant" are naturalized citizens who -- while not official US citizens -- are free to remain in the U.S. indefinitely, with no time limits or other constraints placed on their immigration status. However, other immigrants are legally residing in the U.S. pursuant to one of any number of visas: a work visa, a travel visa, a medical visa, or even a marriage visa. These visas are generally subject to time limits and may be revoked (or expire) if the circumstances for which the visa was issued change.
For example, those who are residing in the U.S. pursuant to a marriage visa will find that this visa expires quickly after a final decree of dissolution is signed by a trial court judge -- even if the judge specifically incorporates language into the divorce decree indicating your ex-spouse's desire to continue living in the U.S. and the benefit this arrangement would have for your minor children. Because most divorces are handled in state courts and immigration is generally enforced in federal court, a state court's ruling on a federal issue (like immigration) is unlikely to stand undisturbed.
What should you do if deportation would impact your soon-to-be ex-spouse's ability to exercise custody or visitation rights?
If you're concerned that your ex-spouse will be deported and you don't want this to impact your children, your best bet is to assist your ex-spouse in applying for another type of visa that can allow him or her to remain in the U.S. for a reason other than marriage. For example, your ex-spouse's employer may be willing to sponsor him or her for a work-related visa, which can remain effective until a job change; alternatively, he or she may want to pursue nationalization or even U.S. citizenship.
For assistance, contact a family law attorney.