What are my legal rights as a green card holder who is going through a divorce?
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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
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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