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The Intersection of Immigration and Family Law in Florida

published by jjlawfl on Mon, 08/14/2023 - 09:43

The intersection of immigration and family law presents unique challenges and considerations. In Florida, a state with a significant immigrant population, these complexities often come into play, which is why in this article we’ll explore the intersection of immigration and family law in, focusing on its implications for marriages, divorces, and child custody.

Marriage and Immigration

Marriage to a U.S. citizen or permanent resident can provide an immigrant a path to obtaining a green card, but the process is far from simple. To prevent fraudulent marriages for immigration benefits, authorities scrutinize these unions. Couples must provide substantial evidence of a bona fide relationship, from shared property and financial resources to affidavits from friends and family. Failure to convince authorities can result in immigration penalties, including deportation.

Divorce and Immigration

Divorce can significantly impact an immigrant's status, particularly if their residency is based on marriage to a U.S. citizen. In the case of divorce before the immigrant spouse obtains permanent residency, they may face challenges maintaining their immigration status. However, the Vi0lence Against Women Act provides protection for immigrant spouses who are victims of abu-se, allowing them to self-petition for permanent residency without relying on their abu$ive spouse.

Child Custody and Immigration

Immigration status can indirectly impact child custody Orlando decisions. While Florida courts prioritize a child's best interest over a parent's immigration status, practical considerations may come into play. For example, if a parent faces deportation, the court may question the feasibility of shared custody or time-sharing. In international custody disputes, matters can become more complex, involving international law and potentially the Hague Convention on the Civil Aspects of International Child Abduction.

Adoption and Immigration

International adoption brings together immigration and family law. Adopting a child from another country involves both the adoption process and immigration process. The child must be eligible for adoption under U.S. law and the laws of their home country. Once the adoption is finalized, the adoptive parents must secure an immigrant visa for the child.

Conclusion

The intersection of immigration and family law in Orlando can be complex, affecting numerous aspects of family life. Those navigating these issues should seek legal counsel experienced in both areas. An understanding of both immigration and family law can provide the best approach to resolving these complicated situations.

Visit https://www.jjlawfl.com/

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