What do you do if your citizenship application was denied due to an invalid foreign divorce? Florida Attorney Sergio Cabanas discusses this issue and provides a solution.
00:00 Introduction
00:06 Can My Citizenship Application Be Denied Due to An Invalid Foreign Divorce?
03:11 Outro
Para la version en español, ver aquí:
¿Se puede denegar mi solicitud de ciudadanía debido a un divorcio extranjero no válido?
• ¿Se puede denegar mi s...
**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm through (954) 329-0441. We are open from 9AM to 5PM, Mondays to Fridays.
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Transcript:
Today's question is really interesting. "Sergio, I have a pending immigration application based on my current marriage with my spouse who is a US citizen or a US permanent resident.
However, I just received this denial letter from immigration officials claiming that my previous divorce from my previous wife, which was done in a foreign country, is somehow invalid and therefore my current marriage is not legally valid either."
"What does this mean and what can I do?"
Let me clarify that question with this scenario or this example:
Say you and your spouse were married in your native Colombia.
You're both born and raised there and you married there.
You then, subsequently, move to different countries, you move to the US, your spouse may have moved to the US or some other foreign country, out of Colombia.
Now you both decide to get a divorce.
You then, hired an attorney in Colombia, who processes the whole divorce, even goes as far as finalizing a divorce
with a final judgement in Colombia.
Then you re-marry your current spouse in the US and based on that marriage you submit an application requesting legal status in the US, based on that marriage.
Now you receive this nasty denial letter from immigration officials, claiming that your current marriage is not valid due to the fact that your previous divorce in Colombia was not legally recognized here in the US.
Well, what does that mean exactly?
And what can you do about it?
Well, what that means is that US immigration officials are applying US law.
In this case, say you are in Florida, they apply Florida law to determine whether or not your previous divorce in Colombia was valid.
Florida law requires that at least one of the parties be residing within the state of Florida in order to obtain a valid divorce.
Remember, in my example, neither one of you were residing in Colombia at the time of the divorce in Colombia.
Even though it does seem to make logical