Legal resident


#1

I AM A LEGAL RESIDENT AND ABOUT TO FACE LEGAL SEPARATION WITH MY HUSBAND. I HAVE BEEN IN US FOR 7 YEARS AND WE HAVE 2 KIDS TOGETHER.
I WANT TO KNOW IF IT’S POSSIBLE TO PURSUE CITIZENSHIP DURING THE LEGAL SEPARATION.

I WOULD ALSO LIKE TO KNOW IF I GET THE “PHYSICAL CUSTODY” AND WE SHARE THE “LEGAL CUSTODY” OF OUR MINOR KIDS, IF I WILL BE ABLE TO TAKE THEM BACK TO MY COUNTRY IF I DO DESIRE TO?


#2

You will need to speak with an immigration attorney regarding your citizenship status.

With respect to custody you may take your children back to your country if your spouse agrees to allow them to go, otherwise you will have to prove in court that taking the children to your home country is in their best interests. This can be very difficult to do, especially if it means that they will not have consistent and regular contact with their father.