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The response provided below is specific to Family law attorneys in the jurisdiction of State College. If the response is inadequate, please submit a detailed inquiry.
Your situation involves both the enforcement of a foreign divorce decree (from Brazil) and potential impacts on your immigration status in the U.S. after the divorce. Here’s a breakdown of how to address both issues:
1. Enforcing a Brazilian Divorce Decree in the U.S.
Once you obtain the official divorce decree and certificate from Brazil, there are a few steps you can take to ensure the terms of the divorce (such as child support) are enforceable in the U.S.:
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Recognition of the Foreign Divorce Decree: To have the Brazilian divorce decree recognized in the U.S., you will likely need to domesticate the decree in the state where your husband resides. This is a legal process known as domestication or foreign judgment recognition. It involves filing the foreign judgment with the court in the U.S. state and asking the court to recognize and enforce it.
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Enforcing Child Support: If your husband stops paying child support after returning to the U.S., you can file a motion in the U.S. court to enforce the child support terms of the Brazilian decree. The Uniform Interstate Family Support Act (UIFSA) is a law that helps enforce child support across state and national borders, and you may be able to use it to ensure support payments continue.
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Legal Representation: It may be helpful to hire a family law attorney in the state where your husband resides to assist with the process of recognizing the Brazilian divorce decree and enforcing its terms in the U.S. If necessary, they can help ensure that child support orders are followed.
2. Impact on Your Immigration Status After Divorce
Regarding your immigration status in the U.S., the situation can become more complex after a divorce, especially if your green cards have not been physically issued yet:
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Pending Green Card Status: If your green cards were approved but have not yet been issued, a divorce could potentially affect the immigration process, especially if your immigration status was tied to your husband’s application (e.g., as a dependent spouse under the E11, E14, or E15 visa categories). You should immediately contact an immigration attorney to discuss the best steps to take. The fact that your green card has been approved may work in your favor, but every situation is different.
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Leaving the U.S. After Divorce: If you and your daughter leave the U.S. after the divorce, it’s essential to keep in mind the status of your green card. If you do not receive your green cards or remain outside the U.S. for an extended period without the proper documentation (like a re-entry permit), you could risk losing your permanent residency status.
Key Actions:
- Consult an Immigration Attorney: Since divorce could impact your pending green card status, consult an immigration attorney who can help you navigate the situation. They can help you secure your residency status and ensure you don’t lose it if you return to Russia.
- Monitor Your Divorce Decree in the U.S.: Once the Brazilian divorce decree is finalized, ensure it is recognized in the U.S. through the appropriate legal channels, and be prepared to enforce child support through the U.S. legal system if necessary.
Disclaimer:
This information is for general guidance and does not replace professional legal advice. For personalized assistance with both your divorce and immigration status, consulting with an attorney specializing in both family and immigration law is highly recommended.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.
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