What are my legal rights as a green card holder who is going through a divorce?

UPDATED: Sep 30, 2022

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What are my legal rights as a green card holder who is going through a divorce?

Hello I’m a green card holder through marriage. My spouse and I are filing for a
divorce. What are my rights and how will that affect my naturalization process?
I also have a daughter, who he helped raised since she was a baby. He wants to
legally adopt her but I’m afraid he will try to take her away from me. What can
I do to avoid that from happening?

Asked on October 30, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need to update your status with immigration so that you can proceed forward before the divorce is finalized. If you have a green card, then you can adjust your status. 
As far as your daughter, if you and he are divorcing, then you may not want to allow him to adopt your daughter.  Once you allow him to adopt your daughter, his rights to her will be the same as your's.  You may or may not want that.  To avoid him from adopting her, you simply need to refuse to give your consent.  He cannot force you to agree to the adoption.
If you feel pressured during this process, you really need to get an attorney to help you.  Many counties offer pro bono and free legal clinics to help people out that have trouble getting their own attorney.  Call your local bar association or district clerk to see what resources are available in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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