“Divorces are complicated under the best of circumstances, but when one or both of the spouses has temporary immigration status in the United States, the case can have serious consequences for the entire family.” So explained Pryor Cashman Immigration Chair Colleen Caden and Family Law Co-Chair Judith Poller in a recent article for The New York Law Journal.

In their piece, published on November 3, 2016, the authors examine what can happen when spouses with children who have entered the U.S. legally on temporary visas decide to divorce or separate. Specifically, they address how divorce can affect the immigration status of individuals on dependent visas; those pursuing Green Card applications, where a member of the family has been sponsored by a U.S.-based employer; or those seeking marriage-based Green Cards, where one partner is a U.S. citizen and the other is a foreign national.

While recognizing that divorce can cause upheaval in the life of a family, Caden and Poller advocate a combination of careful planning, legal advice and a collaborative approach between the parties. Altogether, these efforts can mitigate the immigration consequences faced by families confronting divorce.

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