Understanding Your Rights and Options When Family and Immigration Law Overlap
Divorce is never easy, and for immigrants living in Nevada, it can feel even more complicated. At Smit Law Group in Reno, we often help clients facing divorce and worried about how it might affect their immigration status, custody rights, and long-term future in the United States.
If you or your spouse is not a U.S. citizen, it’s important to understand how Nevada’s divorce laws work and how to best protect your family, your children, and your legal status throughout the process.
For many families, divorce involves more than the end of a marriage; it can also bring complex legal questions about immigration, child custody, and financial support. Understanding how these issues connect under Nevada law is the first step toward protecting your rights and your future.
Divorce for Immigrants: What You Need to Know
In Nevada, divorce laws apply the same way to everyone, regardless of citizenship or immigration status. You can file for divorce in the state if you’ve lived here for at least six weeks before filing. The process generally includes filing a complaint for divorce, serving your spouse, dividing assets and debts, and, if children are involved, deciding custody.
Child support is part of this process, too. Nevada courts use state-mandated guidelines to ensure that both parents contribute to their children’s care, regardless of immigration status. In families where children are not U.S. citizens, divorce can sometimes require additional steps to preserve or adjust their residency status.
Where things can get complex is when immigration status comes into play.
For example:
- If your Green Card was obtained through marriage, a divorce may affect your path to permanent residency or citizenship.
- If you are a conditional permanent resident (holding a two-year Green Card), you may need to file a waiver to remove conditions without your spouse’s signature.
- If you are currently in the process of adjusting your status through marriage, a pending divorce can complicate that process unless certain steps are taken immediately.
We guide clients through these situations with a focused, proactive approach, making sure every filing, from family court documents to immigration paperwork, aligns to protect both your legal status and your parental rights.
Child Custody in Nevada: The Best Interests of the Child
When it comes to child custody, Nevada law focuses on what’s best for the child, not a parent’s immigration status. Courts in Reno and throughout Western Nevada evaluate custody based on factors like:
- Each parent’s ability to care for the child
- The child’s relationship with each parent
- The child’s adjustment to school, home, and community
- Whether there’s any history of abuse or neglect
Even if one parent is undocumented or facing immigration proceedings, that alone does not determine custody. What matters most is the child’s safety, stability, and well-being.
You have the right to participate fully in your custody case, no matter your immigration status. At Smit Law Group, we can prepare documentation, respond to court notices, and present your case clearly and confidently in a Nevada family court. With the help of our child custody and visitation attorney, you can create a parenting plan and custody schedule that works for your family.
When Divorce and Immigration Intersect
Divorce can have a direct impact on certain immigration petitions, particularly when residency or a visa is based on marriage to a U.S. citizen or lawful permanent resident. If your relationship is ending, it’s critical to act early.
At Smit Law Group, our experienced family lawyer can help you file for waivers, prepare affidavits of good faith marriage, and submit updated immigration forms to show that the marriage was real, even if it didn’t last. If domestic violence or abuse was part of the relationship, options may be available under the Violence Against Women Act (VAWA) to apply independently for legal status.
You should also be aware of the financial responsibilities connected to Form I-864, Affidavit of Support. If your U.S. citizen or permanent resident spouse filed this document to sponsor your Green Card, that obligation can continue even after divorce. The sponsor may remain financially responsible until specific conditions are met, such as naturalization, sufficient work history, or permanent departure from the United States. Understanding how this contract works can prevent future misunderstandings or financial disputes, and our Reno immigration lawyer can explain what it means for your situation.
Our law firm offers comprehensive legal representation, focusing on both immigration and family law, including divorce and child custody. We are uniquely positioned to handle complex cases, such as guardianship and family issues where immigration status is a factor. With our dual focus, we’ve secured application approvals, waivers, deportation relief, and successful outcomes in Nevada child custody cases. We are committed to providing clarity, protection, and peace of mind throughout the process, ensuring that family court matters do not jeopardize your immigration goals.
Tips for Immigrants Facing Divorce in Nevada
Here are a few key steps you can take right now:
- Gather your documents. Keep copies of your marriage certificate, Green Card, immigration filings, and any court papers.
- Don’t miss deadlines. Divorce and immigration processes each have their own timelines. Missing one could affect the other.
- Avoid signing anything you don’t understand. Whether it’s a custody agreement or an immigration form, get legal advice before signing.
- Stay informed and proactive. A skilled Reno immigration and family law attorney can keep both of your cases on track, making sure that nothing falls through the cracks.
- Seek legal help early. Even if you’re just thinking about divorce, early legal guidance can prevent costly mistakes.
How Smit Law Group Can Help
We understand how stressful it can be to face divorce when your immigration status is uncertain. At Smit Law Group, our approach is straightforward. We explain each step, prepare your documents carefully, and make sure you know what to expect before anything is filed.
Whether you’re dealing with child custody, property division, or a Green Card based on marriage, our immigration and family law attorney will work closely with you to protect your rights both in Nevada family court and before immigration authorities. We understand the unique challenges that come with divorce and child custody for immigrants in Nevada, and we’re here to guide you through each step with clarity and care, serving clients in Reno, Sparks, Carson City, and throughout Western Nevada.
You don’t have to go through this alone, and you don’t have to choose between protecting your children and your future in the U.S.
Talk to a Reno Divorce and Immigration Attorney
If you’re an immigrant dealing with divorce or child custody challenges in Reno or elsewhere in Western Nevada, we encourage you to reach out. At Smit Law Group, we offer flat-fee consultations, providing clear legal guidance in a confidential, welcoming setting so you’ll know exactly what to expect before moving forward.
Contact us today to schedule your consultation and learn how to protect your rights and your family. To learn more, contact our Reno office.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.