Importance of divorce attorney in Leesburg VA
Divorce cases are complicated and should be handled using legal procedures; for which you will need the services of a divorce attorney, Leesburg VA. The divorce attorneys at the Law Offices of SRIS, P.C. have been, dexterously yet justly, handling a wide variety of family law issues ranging from divorce / marriage annulment and legal separation to child custody and support and visitation rights. When in need of a divorce attorney in Leesburg VA, skilled in family law, look no further as the divorce attorneys at the Law Offices of SRIS, P.C., can provide exemplary service to try and help you win your case.
Hiring a divorce attorney in Leesburg VA
The divorce attorney in Leesburg VA should be able to provide clients with meticulous information on their case. The divorce attorney will discuss issues, such as:
- the accounting of marital properties,
- the partition of marital properties,
- the drawing up of a debt repayment plan,
- the determination of child custody,
- spousal support, and
- child support.
Further, in Leesburg VA, the divorce attorney at The Law Offices of SRIS, P.C., will fight for your rights and get a favorable order regarding custody of the child or children, alimony and partition of property using all the resources available. Generally, most cases involve domestic violence and you will need an experienced divorce attorney in Leesburg VA to obtain restraining orders favoring you.
Termination of the Marriage
The divorce attorney in Leesburg VA inform clients that the Loudon County Circuit Court may have the jurisdiction to try your case. With the proper guidance of an experienced divorce attorney at The Law Offices of SRIS, P.C., in Leesburg VA, you will be notified of the appropriate grounds for your case. Also, the divorce attorney in Leesburg VA will inform the clients about the most common grounds for dissolution of marriage, which are adultery, abuse, desertion, malicious desertion or separation, where the parties have lived separately and apart for a specified period and will build your case accordingly
Child custody and visitation in Leesburg VA
From the divorce attorney in Leesburg VA, you will know that if you are a resident of Leesburg, the Loudon County Juvenile Relations court or circuit court will have jurisdiction over your child custody and visitation case.
In making a custody determination, according to the VA code section 20-124.3, the court will take various factors into account in determining the best interest of the child including:
- The age,
- The physical and mental health of the child,
- The relationship between the parents and the child,
- The role of each parent in upbringing the child,
- The rights of the parents in getting legal and physical custody of the child.
Considering the numerous factors involved and the sensitivity of the issue, the divorce attorney in Leesburg VA associated with The Law Offices of SRIS, P.C., deals with child custody cases with utmost care.
While family-related issues like marriage dissolution and child custody and visitation are difficult issues, the inclusion of immigration will make it even more arduous. This makes it imperative to engage an attorney in Leesburg VA to deal with your case.
Law Enforcement and Immigration in Leesburg VA
As part of the 287(g) Immigration and Customs Enforcement (ICE) ACCESS Program, several law enforcement agencies in various Virginia municipalities share information and work with the ICE to enforce federal laws. It can be complicated and therefore the assistance of an attorney becomes essential.
Hiring Immigration and Divorce attorney in Leesburg VA
Dealing with immigration matters can be complex and intimidating and requires a high level of attention and care. This makes it important to hire a skilled immigration and divorce attorney in Leesburg VA to handle your case. At the Law Offices of SRIS, P.C., you will find the best immigration and divorce attorney in Leesburg VA, who will offer legal consultation concerning all aspects of U.S. immigration law, from visa and green card applications to advocacy in legal proceedings. The attorney, specialized in immigration and marriage dissolution, represents clients in cases including citizenship, deportation, business issues, green cards, waivers, and non-immigrant visas and appeals.
To deal with your case in Leesburg VA, the immigration and divorce attorney needs to understand the sensitive nature of the issues concerned. Therefore, keeping in mind the individual’s objectives at the forefront, the attorneys work tirelessly to advocate for them. When you get in touch with the experienced immigration and divorce attorney at the Law Offices of SRIS, P.C., for your case in Leesburg VA, it will turn out to be simple and easy to deal with.
In most cases in Leesburg VA, the attorneys provide free initial consultations and personalized legal advice to clear your doubts.
Immigration and divorce attorney in Leesburg VA will explain the nexus between Family law and Immigration
The immigration and divorce attorney in Leesburg VA will point out that if you are a US citizen, you can sponsor your fiancé, spouse, parents, children, and siblings for a green card. If you are not a US Citizen, but a lawful permanent resident (LPR) or green card holder, you shall sponsor your spouse, unmarried children under 21, and unmarried children over 21.
In Leesburg VA, direct and close relatives of a US citizen do not have to wait in line to obtain a visa after their petition has been approved. If you are not an immediate relative of a US citizen, you may have to wait in line for the visa under the family preference category.
The difference between the two categories is set by USCIS as follows:
Immediate family members whom US Citizens can sponsor:
- Parent, if you are 21 or older
- Unmarried child under 21
Other family members whom US citizens can sponsor:
- Unmarried sons and daughters (21 or older)
- Married sons and daughters
You will need the expertise of a skilled immigration and divorce attorney in Leesburg VA so that you can get a clear understanding about the two family categories and the waiting times that apply for your family-based petition. If going ahead on your own, you may be risking your future, therefore, hiring immigration and divorce attorney in Leesburg VA is a must to safeguard your interests.
Ways a divorce affects the citizenship status
In Leesburg VA, it is important to consult an immigration and divorce attorney to know the legal procedures involved in the process. You should be well aware that if you are an immigrant, numerous issues are involved in getting a dissolution of marriage. When it comes to family-related issues, the immigration and family proceedings are interlinked and this can be dealt with professionally by the immigration and divorce attorney at the Law Offices of SRIS, P.C. In Leesburg VA, when you opt for a divorce, there may be implications on the immigration status; particularly, when one spouse’s immigration status is dependent upon the other, known as a ‘conditional resident’. Therefore, it becomes imperative to engage an immigration and divorce attorney in Leesburg VA.
An immigrant, who has been married to and living with a U.S. citizen, has to wait only three years after getting a green card to become a naturalized citizen. After your marriage dissolution, however, you will no longer qualify for this exception and will have to wait the usual five years before becoming a U.S. citizen. Where these issues overlap, the immigration and divorce attorney in Leesburg VA will protect your rights and interests by all legal means.
Will the marriage dissolution status be affected?
Issues, according to the immigration and divorce attorney in Leesburg VA, most often arise when a non-citizen is married to a U.S. citizen or a green card holder and the non-citizen has obtained legal status through that marriage.
The dissolution of marriage or separation may affect the legal status of conditional residents. On a consultation, immigration and divorce attorney in Leesburg VA will inform about your rights and actual status.
What effect does a marriage dissolution or separation cause?
The immigration and divorce attorney in Leesburg VA points out that it depends upon your spouse’s status, and the manner and when you received the immigration benefits.
Conditional resident status, through marriage, is limited to two years. To become a permanent resident, you must file Form I-751 (Petition to Remove Conditions of Residence). You must file this form during the final 90 days before the date that the ‘green card’ expires.
Typically, both spouses file this form together and include documents that prove that they are still married. However, if the marriage has already ended under the state law, then you may file the I-751 by yourself by filing a waiver.
A marriage dissolution may make it harder to become a permanent resident, but it is still possible. You must show that the marriage happened in ‘good faith’. The immigration and divorce attorney in Leesburg VA will prepare immediate paperwork, without causing any difficulty, to show proof that you shared a normal married life with your former spouse. Further, the divorce attorney in Leesburg VA will require the proof papers such as a joint lease, a joint bank account, joint credit cards, or coverage under the same auto and health insurance policies.
If you already have a green card and are a permanent resident at the time of the marriage dissolution, it should not change your status. However, it may force you to wait longer to apply for naturalization. In this case, you would need to wait five years, rather than three. Knowing the issues well, you will need the assistance of the best immigration and divorce attorney in Leesburg VA for which you should get in touch with the Law Offices of SRIS, P.C.
What is the difference between marriage dissolution and separation?
To protect your immigration status in Leesburg VA, you need to know the difference between divorce and separation, and on consultation with the immigration and divorce attorney in Leesburg VA, the pros and cons can be better understood.
Regardless of what the spouses intend when they separate or enter a limited divorce, the U.S. Citizenship and Immigration Service (USCIS) or Board of Immigration Appeals (BIA), will interpret the state law and decide whether or not separation or divorce ended the marriage.
When facing a family issue, it is better to hire the best Leesburg VA divorce attorneys to know how it affects your immigration status and for this the right choice would The Law Offices of SRIS, P.C.
How divorce attorney in Leesburg VA help in petitions alleging bad faith
A marriage dissolution normally ends in getting a divorce decree before the court of law.
The divorce attorney in Leesburg VA will tell you that the common grounds for obtaining a dissolution, ‘at fault’, and ‘no-fault’. But, when it comes to proceedings where the immigration status is an issue, one spouse adds ‘bad faith’ to the grounds for dissolution of marriage—in essence, swearing under oath, under penalty of perjury, that the marriage is fake and that the non-citizen spouse married to obtain a green card.
If the decree specifically mentions that the marriage was made in bad faith, the non-citizen’s chances for immigrating to the U.S. are practically nil. You should defend the case with the help of the immigration and divorce attorney in Leesburg VA when your spouse alleges against you on the grounds of bad faith. The key to understand is that the U.S. Citizenship and Immigration Services (USCIS) will require a copy of either the decree or marital settlement agreement as part of the non-citizen spouse’s I-751 paperwork, and will take note of any allegation that the marriage was made in bad faith. This can be handled competently by the attorneys in Leesburg VA for divorce and immigration at the Law Offices of SRIS P.C.
Attorney in Leesburg VA to defend wrongful allegations in the petition
The immigration and divorce attorney in Leesburg VA will make it clear that if you are an immigrant, whose spouse alleged bad faith, such allegations, despite being sworn to, are not legally considered ‘facts’. You can still present evidence to show that you entered into the marriage in good faith.
In Leesburg VA, the immigration and divorce attorney will advise you to choose the best option in every stage, until the final process. If your case isn’t yet final, the divorce attorney will inform that it might be better to avoid settlement and let it proceed to trial, so that the court can issue a decree. A spouse who alleged bad faith would, therefore, have to prove it in the court before it would be entered into the decree. The immigration and divorce attorney in Leesburg VA will advise that if all goes well, the U.S. spouse will be unable to prove bad faith, and this won’t have the potential to become an issue for the immigrant later.
Broadly speaking, U.S. immigration law requires that to turn your conditional residency into permanent residency based on marriage to a U.S. citizen, you show that:
- you were married in good faith (not as a sham to get a green card), and
- your marriage lasted at least two years beyond your approval for conditional residence.
Both of these requirements can lead to problems for an immigrant in the proceedings who is still a conditional resident, and who still faces the challenge of applying for permanent residence before the second year of approval for conditional resident status (using Form I-751).
The immigration and divorce attorney in Leesburg VA will make you overcome your legal issues. You can learn about the legal issues on discussion with the immigration and divorce attorney in Leesburg VA before your marriage dissolution is final, or at least before you’ve submitted all the required paperwork.
The decree must ultimately be submitted to the authorities with Form I-751 to remove the conditions on your residence, which you will also want to accompany with a request for a waiver of the requirement to file a joint petition. To get through all this, you will need the assistance of experienced immigration and divorce attorney in Leesburg VA.
Further, the immigration and divorce attorney in Leesburg VA needs to be trust-worthy and help you to get around the wrongful allegations made in the petition for which you should contact the Law Offices of SRIS P.C. right away.
Request for Waiver of the Requirement to File a Joint Petition in Leesburg VA
You will learn from the immigration and divorce attorney in Leesburg VA that if you finalize your marriage dissolution while you’re still a conditional resident, but still want a green card, you must submit to the USCIS not only Form I-751 but a request for waiver of the usual requirement that you and your U.S. spouse file the I-751 jointly, with both your signatures. This allows you to request that USCIS make your conditional residence into a permanent residence without the support of your U.S. spouse.
You must accompany this request with the decree or settlement, proof that the marriage was entered into in good faith, and a statement as to why you opted for the break-up legally. Proof that the marriage was entered into good faith is crucial in receiving the approval from the USCIS regarding your permanent residence. As the USCIS has the discretion to approve the I-751 waiver, you might have to show that not only the marriage was entered in good faith but also that it wasn’t your (the non-citizen’s) fault that the marriage failed. To put forth these defenses well, you will require the guidance of immigration and divorce attorney in Leesburg VA.
In either case, submitting proof that the couple attended marriage counseling in Leesburg VA can be a good way to show that the marriage was entered into in good faith, though that alone does not guarantee that your waiver request will be granted.
A final possibility is to ask for a waiver based on the hardship you would experience if denied permanent residence, which doesn’t require a showing of good faith marriage. With these defenses available, talk to an immigration and divorce attorney in Leesburg VA right now.
After changing status from conditional to permanent residence, if you opt for dissolution of marriage, the immigration and divorce attorney in Leesburg VA will certainly advise for it, as it won’t change the citizenship status directly. It will, however, force you to wait for five years instead of three to become a naturalized U.S. citizen.
If you are divorced and are concerned about your immigration status, do not worry, as the experienced immigration and divorce attorney in Leesburg VA, associated with the Law Offices of SRIS, P.C. can help guide you through the process. The attorney at the Law Offices of SRIS, P.C. in Leesburg VA can be your single point solution to deal with your divorce and immigration issues.
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Count on us to be your divorce lawyer in Leesburg, VA, child custody lawyer in Leesburg, VA, child visitation lawyer in Leesburg, VA, child support case lawyer in Leesburg, VA, protective order lawyer in Leesburg, VA or help you with any other type of family law case in Leesburg, VA.