When it comes to the legal landscape in Michigan, immigration law and family law are two critical areas that often intersect, especially for individuals who are navigating both family-related matters and immigration concerns. Whether it’s securing the right to stay in the U.S. through marriage or addressing custody disputes involving a non-citizen parent, understanding how these two legal domains intersect is crucial for families in Michigan.

1. Immigration Status and Family Dynamics

Michigan, with its diverse communities, sees a significant number of immigrant families facing challenges related to both immigration and family law. Family law deals with matters like marriage, divorce, custody, child support, and adoption, while immigration law governs who can enter, remain, or become a citizen of the United States. These areas of law are intertwined in various situations that require thoughtful legal planning and representation.

For example, family law issues like divorce or child custody may be complicated by one spouse’s or parent's immigration status. Non-citizen spouses in particular may be at risk of losing their right to remain in the country if they divorce a U.S. citizen spouse. Similarly, custody arrangements involving a parent who is undocumented may pose questions about that parent’s right to live and work in the U.S., and could impact custody decisions.

2. Marriage-Based Immigration Petitions

One of the most common intersections between immigration and family law is marriage-based immigration petitions. A U.S. citizen or lawful permanent resident (LPR) may petition for their spouse to obtain a green card or permanent residency. However, these petitions require careful handling to ensure the marriage is bona fide, not entered into solely for immigration purposes. Failure to demonstrate the authenticity of the marriage can result in delays, denials, or even deportation proceedings.

Moreover, divorce can complicate the process. If a couple divorces before the immigrant spouse receives their green card, they may lose eligibility for permanent residency unless they can prove that the marriage was genuine and not fraudulent. An experienced attorney in both immigration and family law can provide the right guidance for couples in this situation.

3. Child Custody and Immigration Status

Child custody disputes often involve questions about the immigration status of one or both parents. Michigan courts, like other states, primarily base custody decisions on the best interests of the child. However, a parent’s immigration status can affect their ability to seek custody or even visitation rights. For instance, if a parent is facing deportation, their ability to remain in the U.S. and maintain a relationship with their child may be in jeopardy.

In some cases, a non-citizen parent may fear that the courts could favor a citizen parent because of their immigration status, but Michigan family law courts are obligated to base their decisions on the child’s welfare, not the parents' immigration situation. Still, navigating the complex relationship between custody laws and immigration status can be challenging, and legal advice is essential.

4. Deportation and Family Law

Perhaps one of the most difficult intersections is when a family law issue (such as domestic violence or divorce) triggers deportation proceedings. If a non-citizen is involved in a family law case that results in criminal charges or an abusive relationship, their immigration status can become a key issue. For instance, if an immigrant spouse is a victim of domestic violence, they may be eligible to apply for a U visa, which allows them to stay in the U.S. while cooperating with law enforcement.

Similarly, under the Violence Against Women Act (VAWA), certain spouses and children of U.S. citizens or permanent residents who have been victims of abuse may apply for legal status independently of the abusive partner. This is a critical protection for immigrants who might otherwise be unable to remain in the country because of their abuser's status.

5. Adoption and Immigration

In Michigan, international adoption is a complex process that requires compliance with both U.S. immigration laws and the laws of the child's home country. Whether adopting a child from another country or through a domestic adoption where one of the parents is an immigrant, immigration procedures must be navigated to ensure the child becomes a U.S. citizen.

Foreign-born children adopted by U.S. citizens automatically acquire U.S. citizenship once they enter the country under certain conditions. However, if the child was not adopted through the proper channels, their immigration status might remain unresolved, potentially affecting the family’s ability to remain together in Michigan.

6. Seeking Legal Guidance

The intersection of immigration and family law in Michigan is a challenging legal terrain that requires careful consideration and expert legal assistance. Individuals facing family law matters, whether related to divorce, child custody, or domestic violence, should seek the guidance of attorneys who understand the nuances of both immigration and family law.

Experienced attorneys can help immigrant families navigate the complex intersection of these two areas of law, ensuring that they understand their rights and options, whether seeking to protect their immigration status or resolve family law issues in a way that preserves their legal rights.

Conclusion

The intersection of immigration law and family law in Michigan is more common than one might think, and the outcomes of legal matters can significantly impact both the individual and the family as a whole. Whether navigating marriage-based immigration petitions, child custody disputes, or the complexities of deportation and family law cases, families in Michigan should be proactive in seeking legal counsel to safeguard both their immigration status and family stability. If you're facing such an issue, don’t hesitate to reach out to Richards Family Law to help you navigate this complex and emotionally charged area of law.

Contact us today to schedule a consultation and learn how we can help you.