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FAQ - Family Law and Immigration
Frequently Asked questions
Family law and immigration law often overlap. A divorce, separation, custody dispute or domestic violence situation may affect an immigration case. At the same time, immigration status can add questions and concerns to a New Jersey family law matter.
These frequently asked questions provide clear answers about divorce, green cards, citizenship, financial sponsorship, child custody and other issues affecting immigrants and their families. Because every situation is different, this information is not a substitute for advice about your specific case.
Odunlami Law provides immigration representation in all 50 states and select family law services throughout New Jersey. Our team understands how decisions in one area of law may affect the other. Contact us to discuss your rights, options and next steps.
The impact depends on the person’s current immigration status and where they are in the application process.
Divorce may affect a pending marriage-based green card application and whether other immigration options may be available.
A divorce may end the basis for a marriage-based application unless the immigrant qualifies for another form of relief.
The Form I-751 divorce waiver is important to prove that the marriage was entered into in good faith.
There is a difference between a two-year conditional green card and a ten-year permanent resident card.
Divorce may change when a permanent resident can apply for naturalization, particularly under the three-year marriage rule.
A spouse cannot personally revoke lawful immigration status, although withdrawing sponsorship or reporting alleged fraud could affect a pending case.
Divorce generally does not terminate the sponsor’s federal financial obligations.
Potential protections under the Violence Against Women Act, including self-petitions that may be available to qualifying spouses of any gender.
Decisions involving divorce timing, support, custody, evidence and settlement terms may affect immigration issues. Odunlami Law is able to handle immigration matters nationwide and select family law matters throughout New Jersey.
