Does a foreigner have the same rights as US citizen in a divorce?

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Does a foreigner have the same rights as US citizen in a divorce?

I am a Syrian woman who married an American man 2 years ago in my country. I got a green card and traveled to live with him in CA. Now we are divorcing. Will my daughter and I have the right to go to an American court and have American law applied to us?

Asked on June 18, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  You have a green card and are a resident of California.  So yes, American Law will apply to you and to your daughter.  I am assuming that it is your intent to stay her in the United Sates.  You need to seek some help not only for a divorce lawyer but from an immigration one as well.  Is your daughter a child of the marriage?  Was she born here?  If she was born here she is an American Citizen by birth.  You just have to make sure that your status is secure here and an attorney is the best way to go.  Good luck to you and to your daughter.


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