Alabama Divorce & Family Lawyers

While a legal or physical separation will generally not affect your immigration rights, your status will be changed if you decide to terminate the marriage. Immigrants whose immigration standing is based on marriage could lose their immigration status, particularly if the divorce occurs within two years.

Again, a physical or legal separation will not terminate your status. However divorcing your spouse will result in the end of your H-4 status.

If your immigration is attached to a marriage, you must explore other immigration options to stay in the U.S. You may be able to seek asylum, a battered spouse exception or apply for an entirely different immigration status. You should also consult with an experienced immigration attorney if brought children to the United States and their immigration status was linked to the marriage.

Dependent children who have H-4 status based on marriage will also result in the termination of H-4 status. Guardians of these children will have to explore other options if the immigration status was based on marriage and not a biological relationship.

Battered spouses of U.S. citizens have additional protections and can maintain their status even after a divorce is finalized. To qualify, a foreign spouse must be a person of good moral character, have entered the marriage in good faith, have resided in the U.S. with a citizen spouse and been battered or subjected to cruelty by the American spouse. Battered spouses can protect their immigration status if they are divorcing to escape abuse.

U.S. citizens who divorce an immigrant spouse may face additional legal challenges when it comes to custody, especially if another spouse/parent wants to return to their native country. Our Birmingham family law and custody attorneys will help you explore your options and your rights. We are experienced in complex divorce, asset division, and custody cases and can help to secure the best possible outcome in your case.