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  1. #1
    Join Date
    Jun 2006
    Posts
    7

    Default Immigration Issues in Divorce

    i am married to a LPR who became a US citizen recently. we have a son who is 6years old who is US citizen too. i came to US on V-1 VISA but lost that status as she became a US citizen. my I-94 is valid till Feb 2007. my wife withdrew my petition I-130 and doesnt want to file a new petition for me. she never told me that she withdrew my petition nor that she became a citizen from the past 2 years. she says she doesnt want to live with me any more. so i asked her to give me a divorce so that both of us can live our own lives. she doesnt want to give me divorce. she wants me to go back to india and take the divorce. my only concern is my son and theres no way i can take a divorce india as the courts over there dont have jurisdiction over the two US citizens. if i leave now that means i will lose my son for ever. the question is can i file for divorce and get some legal rights over my son and will the court consider my status and give me a chance to stay here and take care of my son? how can i get free legal help or a lawyer to represent me as i dont have a work permit nor the money to do this.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: how does this work

    You can file for divorce in the U.S., and have the court grant you custody rights. You can return to visit consistent with U.S. immigration laws, or have your son visit you in India consistent with the court's visitation order.

    You can try using these resources to try to find a lawyer.

  3. #3
    Join Date
    Jun 2006
    Posts
    7

    Default Re: Immigration Issues in Divorce

    thanks for the reply

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