Many natural born citizens in the United States take for granted the ease of navigating the legal system as a US citizen. This assertion is especially true in comparison to the ease of navigating the legal system for non-naturalized citizens. Many citizens do not understand the significant role that one’s citizenship status plays in the family law context, such as the ability to marry, divorce, obtain custody of children, and obtain financial support from another person. Citizenship carries many benefits within the family law context. There are, however, ways for all people to navigate the legal system to understand family law and the intersection of it with immigration.
The law values the family unit and the protection of children, and family law in particular has the power to affect society and the family unit. Family law also has the potential to encompass other cornerstone issues of law, such as family law issues involved with immigration. Given the sensitive nature of this issue–as well as its timeliness–it is important to understand the intersection of family law and immigration law.
Each of the following scenarios includes family law and immigration law issues:
Example 1:
Hovhaness was born in the United States. He met a woman named Agnes who was born in Armenia and arrived to the United States as a teenager. The two had one child together. Years after their son was born, Agnes decides that she wants to return to Armenia to be with her elderly parents. She also wants to bring their child. Is she able to? Does Hovhaness have any rights to the custody of the child?
Example 2:
Joshua and Jonathan are a same-sex couple. Only one of them is a citizen of the United States, however. The couple wants to know whether they can legally marry in the United States. If they marry, would they both be citizens?
Example 3:
A former couple, Bobby and Josie, are divorcing. They are parents to two daughters. Bobby wants to move to another country to live. Is he able to do so? Does he have any child support, alimony, or other obligations?
Example 4:
A mother and her two children are refugees from another country. The husband of the woman and father to the children died. The mother wants to know whether she has any recourse — any way to obtain monetary support from her husband’s estate, located in their native country.
Example 5:
Ximena was born in the United States. However, her mother and father immigrated to the United States illegally. With growing concern about her family, Ximena wants to know more about her rights and responsibilities. Is she a citizen? If not, is it possible for her to become one? Is there also a way to make her parents citizens? Imagine that Ximena also has an older brother, but he was born in Mexico. Is he a citizen?
Example 6:
A young woman lives with a United States citizen, a man. He threatens to report her to authorities if she discloses to anyone about the abuse and violence that he perpetrates against her.
Example 7:
Natalie was born in India. She also met her husband in India. The couple moved to the United States and became legal citizens. Eventually the couple had two children. One day, Natalie’s husband left for India with their children. Does Natalie have any recourse? Would she be able to get her children back to the United States?
Example 8:
A young man marries a United States citizen woman in order to obtain his permanent residence card.
Considerations:
Many immigrant families need legal support that involves family law and their immigrant status or former immigrant status. These issues affect people of different genders, orientations, religions, nationalities, and backgrounds.
Immigrants may need help in the preparation and filing of petitions for alien relatives, adjustment of status, naturalization, and issues involving deportation or removal. A skilled attorney may be necessary to help an immigrant or the citizen in a familial relationship with an immigrant find the solution to a problem. Marriage visas, green cards, bonds, DACA assistance, other visas, and other statuses may also be tools available to you for your specific family law and immigration issues.
Are you looking for an experienced Newburyport or Andover divorce lawyer or family law attorney? If you have questions or concerns about issues about family law, custody, child support, or domestic relations, you should contact a competent family law lawyer. Our divorce, family, and domestic relations attorneys may be able to work on your behalf to handle your case. Please contact our offices by phone at 978-225-9030 during business hours or complete a contact form on our website. We will respond to you promptly.