Family Law
SIJS, Divorce, & Restraining orders
Divorce
Divorce is a tricky legal situation on its own. When factoring in potential impact on immigration status, a divorce can get even more complicated. On the one hand, divorce does not affect a permanent resident’s green card status. Once they have received their green card following two-years of marriage, it is still available to renew every 10 years regardless of the marriage’s status. And they will still be eligible to file Form N-400: Application for Naturalization and become naturalized citizens.
Those who have a conditional green card, granted before two years of marriage has elapsed, have more to contend with following a divorce. Obtaining a permanent green card requires that the applicant still be married, but both the applicant and their spouse can file a form I-751, a joint petition that is vital to stopping potential removal proceedings and pursuing a path toward permanent resident status.
If the spouse is unable or unwilling to cosign the I-751 form, it is still possible to request a waiver, but the applicant must prove that the marriage was entered into in good faith. They can also earn a waiver if they were abused during the marriage or would face hardship upon returning to their home country.
Restraining Orders
One of the key criteria in applying for a green card or remaining in the United States is that the applicant shows “good moral character.” Obviously certain crimes would serve as a violation of good moral character – murder, robbery, drug-related crimes, etc. But when it comes to a restraining order, the situation becomes a little less clear.
A restraining order is an injunction issued by a judge requiring that a person stay a set physical distance from – and avoid contact with – another person who has obtained the injunction. While a restraining order in and of itself generally does not lead to deportation, it could be construed as a lack of good moral character, and could impact any pending applications to remain in country.
Complicating this further is the fact that a person can get an injunction filed against them without a hearing, meaning they aren’t able to defend themselves. For those whose immigration status is threatened by a restraining order, it’s vital to honor the tenets of the restraining order and act quickly in their own defense before the temporary injunction becomes permanent.
Special Immigrant Juveniles
Commonly referred to as SIJs, special immigration juveniles is a distinct classification designed to protect juvenile foreign national who are being abused, neglected or abandoned by their parents or legal guardians, and provide them with a path to legal permanent residency. This qualification is generally granted once a court order has been determined that the child is not safe with their parents in the U.S., and would not be safe if returned to their home country.
Earning SIJ status then requires that applicant fill out a I-360 form before their 21st birthday, submitting proof of their age, a copy of the court order, and consent from the U.S. Department of Health and Human Services. Once granted, they may apply for their green card using form I-485.