Immigrant Families and Family Law Issues

Family matters like divorce and child custody are difficult. The complexity of these cases increases when you add immigration to the mix. Deciding what’s in the best interest of the child is more challenging when the government could deport a parent.

Immigrant families often find themselves in family court. The overlap of family law and immigration is tricky to navigate. Contact a family law attorney for help. They understand the law and can advise you about your situation.

How Does the United States Classify Immigrants?

Non-citizens can come to the U.S. from their home country, either legally or illegally. Immigrants with a legal immigration status often enter the U.S. with an immigration visa. Generally, there are four immigration statuses in the U.S.

The first immigrant category is the lawful permanent resident (LPR). LPRs get a green card when they come to the U.S. They are eligible for U.S. citizenship after living in the U.S. for some time.

The second is a temporary visitor. A temporary visitor is a non-U.S. citizen who comes to the U.S. for a short time and doesn’t intend to stay. The U.S. government issues a temporary visa to immigrants with this status.

The third status is an undocumented immigrant. This group does not have legal immigration status, so they don’t have an immigration visa. Some undocumented immigrants enter the U.S. illegally, while others enter legally but overstay their visas.

The final status is people born outside of the U.S. to a parent who is a U.S. citizen. People in this category only have to go through a verification process to enter the U.S. as a citizen.

Federal immigration law is complex, and immigration issues can complicate U.S. legal problems. Divorce and child custody cases are two common examples in family law.

What Are Child Custody Issues for Immigrant Families?

Child custody disputes can be traumatic in the best of cases. That’s why custody proceedings focus on the best interest of the child. What’s in the best interest of the child can be subjective. One thing a court looks at is the parent’s ability to take care of the child. A parent’s immigration status isn’t a direct consideration. However, it can indirectly play a role in this decision.

Your child’s well-being is paramount in a custody arrangement. Whether you’re an undocumented parent or a U.S. citizen doesn’t determine how well you can care for your child. Your deportation can have a significant impact on your child’s life. The court could decide not to give you custody if your immigration status is uncertain.

Your child’s citizenship status could factor in deciding who should be their caregiver. Courts often favor keeping citizen children in the U.S. A court could have a family member in the U.S. care for your child.

Another possible result of a child custody case is a travel restriction. A court order could prevent you from taking your child out of the country. International travel can be possible if the other parent gives permission.

Your immigration status doesn’t play a role in child support orders. The court can order any parent who’s working to pay child support. That’s true even if you don’t have a legal work order.

What Are Challenges for Immigrant Families and Divorce?

Any competent adult can request a divorce. Your immigration status doesn’t matter. That doesn’t mean divorce cases are free of immigration issues. The leading immigration issue is when one spouse’s status depends on the other spouse. A divorce petition often causes scrutiny of the immigrant spouse’s status.

Divorce can result in an immigrant being deported. But it’s not a given. An example is if you’re a victim of domestic violence by your spouse. In that case, you can petition for immigration status without their spouse. Family law issues can have wide-ranging legal implications for immigrants. This includes the danger of deportation and a child getting placed with a family that’s not of their native culture. It’s critical to contact an experienced attorney. A family law attorney will understand the complexities created when family and immigration law intersect.