Citizen-Resident Alien Divorce


The immigration lawyers at the South Florida Law Offices of Rhonda F. Gelfman, P.A. represent immigrants who have concerns about losing their residency status because of divorce. If you are a resident alien who is in the United States on a family-based immigration visa, you need to retain the services of a U.S. immigration attorney to assist you with maintaining your residency. Our attorneys have forged a solid reputation by taking on some of the most difficult immigration cases in Miami-Dade County. Contact us to discuss the timetable for your divorce and to find out about the options that are available to you. Further, if you live in Florida, Rhonda F. Gelfman can also handle your divorce matter.

The Effects of Divorce on Resident Aliens

Fortunately, in most cases, a divorce will not have any effect on your resident alien status, as long as you file the correct paperwork to remove the conditions on a temporary residency card. A divorce could, however, delay an application for citizenship. A permanent resident who is married to a U.S. citizen is eligible to apply for citizenship after a residency period of three years. For residents who are not married to U.S. citizens, the residency requirement before achieving citizenship is five years. Consequently, a divorce prior to the expiration of the residency requirement period can mean a delay of up to two years in the citizenship process.

When an immigrant spouse has not yet established legal permanent residency, a divorce can become more problematic. If you are in the United States on a family-based immigration visa, and you or your spouse has filed for divorce, there may be several options available to you. Allow one of our immigration lawyers to review your case and recommend a course of action.

Protecting Your Interests During a Divorce

Because divorces can often become adversarial, it is not uncommon for an individual to try to use his or her spouse's immigration status as leverage. Most south Florida divorce lawyers are inexperienced when it comes to immigration law. If you have concerns that your spouse will try to adversely affect your immigration status, contact the Law Offices of Rhonda F. Gelfman, where we handle family law divorces as well as all aspects of family-based immigration law.

Professional Immigration Lawyers of Florida

If you are a resident alien or in the United States on a visa and you are seeking a divorce, call our Miami office and make an appointment. Our number is (305) 944-9120.

The Law Offices of Rhonda F. Gelfman, P.A. represents clients from most countries in Florida family court and in all federal immigration court venues. English, Spanish, Creole, Russian, Hindi, Urdu, Gujarati and Kachi services are available, and we are able to contract with translators for most other languages.