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Should I hire an attorney for my divorce? How long does it take to finish the whole process of divorce in NYC?

New York, NY |

Is the immigration and divorce court related? what happens to an immigrant wife if she tries to divorce the husband due to his drinking problems and anger management problems, and now purposely is denying to help the immigrant wife to get her green card, therefore she cannot work because of her status?

Attorney Answers 6

Posted

Hire a matrimonial lawyer who knows about immigration issues.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

There is no obligation on the part of your soon-to-be-ex to help you with your immigration case. As to whether you need to hire an attorney to represent you in the divorce is hard to ascertain from the limited facts provided. I thus encourage you to schedule an initial consultation with a NYC Divorce attorney.

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Posted

No, the courts are not related. If you can show that the marriage was not for immigration purposes it will usually not affect your immigration status.

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5 lawyers agree

Posted

They are not related. You can file for divorce. Regarding immigration you need to speak with an immigration attorney as to what, if any claims you have to remain in the US. There is a VAWA statute for spouse's of abusive US citizens, whether you meet the requirements is fact specific but him simply not petitioning for you is not enough. My firm handles immigration and uncontested divorces in NY.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

Generally, people can file their divorce without a lawyer but it is a complicated area of the law to try and handle it yourself. It sounds like on top of the divorce, you need advice about your immigration status. I would consult a lawyer that handles both divorce and immigration. Use the Avvo find a lawyer to find someone.

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2 lawyers agree

Posted

The immigration and divorce courts are not related. Has your husband filed the application for your green card? If not, there is no way to force him to do so. If he has filed for your green card you may be able to proceed as a "battered spouse". You should consult with an an attorney, such as us, that handles both immigration and divorce. You may call us to schedule a free consultation. For more information you may also visit our website. You will find information and videos on these topics.

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