Best Immigration Lawyers in Brandon, FL

Yes, you can file for divorce in the United States. You will need to initiate the proceedings at a local court in the state you reside in. It is important to note that filing for divorce could affect your residency in the United States. If you are a Foreign National living in the U.S. and considering divorce, contact our office to discuss all of your options post-divorce.

Your foreign divorce decree can be recognized by American courts if the following two conditions are met: Both spouses had notice of the divorce proceedings and if one of the spouses was living in the U.S. at the time of the divorce was initiated, they must have received a timely delivery of the divorce documents. Both spouses had the opportunity to be heard during the foreign divorce proceedings, whether in person or through an attorney. In addition, since divorce is a legal matter handled by the States and not the federal government, each state may have additional requirements that must be met prior to recognizing the foreign divorce decree.

The rule of thumb for this is if the country has a secular justice system, it will recognize your divorce decree. If the country has a non-secular (or religious) justice system then it is likely that your divorce decree will not be recognized. To be sure if your divorce decree is enforceable in a particular country, you should contact an attorney in that country. You can contact the U.S. Embassy for a list of attorneys. Every year, there are over 400,000 United States citizens who marry a foreign national and petition for them to obtain permanent residency in the United States. Under federal immigration laws, foreign-born spouses of U.S. citizens are considered immediate family members and are exempt from statute limitations. Essentially, marrying a U.S. citizen will put a foreign-born person on the fast track to obtaining their green card. If the marriage were to fail and divorce proceedings begin, there are numerous questions about how the divorce and immigration status are affected. Below are several frequently asked questions about immigration and divorce.