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Family Law and Immigration: The Intersection You Should Know About

family law attorney
family law attorney

Family law and immigration law often intersect in complex ways, creating unique challenges for individuals and families navigating these overlapping legal terrains. As a Florida law firm specializing in both family law and immigration law, we understand the intricacies of this intersection and how it can impact your family’s future. In this blog post, we’ll discuss key points where family law and immigration intersect and what you should know about them.

 

Marital Status and Immigration

Marital status plays a significant role in immigration proceedings. Being married to a U.S. citizen or a lawful permanent resident can provide a path to obtaining a green card. However, the marriage must be bona fide, meaning it was entered in good faith, and not solely for immigration purposes.

 

International Adoption

Adopting a child from a foreign country can be a rewarding but complex process, involving both family law and immigration law. The adopted child must meet the U.S. Immigration and Nationality Act’s definition of an “orphan” or be adopted through the Hague Adoption Convention process to be eligible for immigration benefits.

 

Divorce and Immigration

Divorce can have significant immigration implications, especially for individuals who obtained their immigration status through marriage. Depending on the circumstances, a divorce might affect a person’s immigration status or their eligibility to become a naturalized citizen.

 

Domestic Violence and Immigration

The U.S. has protections in place for immigrants experiencing domestic violence, including the Violence Against Women Act (VAWA). VAWA allows victims of domestic violence, including men, to petition for immigration status independently from their abuser.

 

Child Custody and Immigration

In cases where one parent wishes to relocate internationally or where parents live in different countries, child custody disputes can become complicated. The Hague Convention on the Civil Aspects of International Child Abduction provides a legal framework to resolve such disputes.

 

Affidavits of Support

An affidavit of support is a legally enforceable contract, often used in family-based immigration cases, where the sponsor agrees to financially support the intending immigrant. The obligations of the sponsor often continue even after divorce or other changes in family circumstances.

 

Conclusion

The intersection of family law and immigration law can be complex, but with knowledgeable guidance, you can navigate this landscape effectively. It’s crucial to understand these intersections, especially when dealing with cases that involve both family law and immigration matters.

 

As a top Florida law firm, we specialize in both family law and immigration law. Our team is committed to helping you understand your rights and options at this intersection. Contact us for more comprehensive advice and support tailored to your specific situation.