Divorces are complicated under the best of circumstances, but when one or both of the spouses has temporary immigration status in the United States, the case can have serious consequences for the entire family. Whether a U.S. citizen marries a foreign national, or a family comes to the United States from abroad on temporary visas, every member of the family is impacted when the spousal relationship dissolves.

Every year, thousands of foreigners enter the U.S. legally on temporary visas valid for a few months or several years. U.S. immigration law favors keeping families together and thus allows spouses and minor children to accompany a principal visa holder to the U.S. Under the same principle, the law also allows the foreign national spouses of U.S. citizens to become U.S. permanent residents. To do so, the U.S. citizen spouse must sponsor their foreign national spouse for a “green card.” In these instances, a divorce or separation naturally may impact the dependent spouse’s immigration status. When a marriage ends, careful analysis of the immigration issues is necessary, particularly if there are children involved who may become separated from one of their parents if the parent loses his right to remain in the U.S. after a divorce.

Families on Temporary Visas

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