Dunellen, NJ asked in Divorce, Immigration Law, Civil Rights and International Law for New Jersey

Q: Hypothetically let's say an immigrant married a US resident, and planned on creating a life here in the US together.

However the immigrant through time and lifestyle choices and even personal relationships, no longer felt the relationship they were in was feesable for them and the US resident to remain as a couple.

However the immigrant has a job and a life that they enjoy as well they may have even found someone new they wish to start a life with. Is there a way for the immigrant to reapply for a work visa, or remarry a new partner under the criteria that the first marriage wasn't beneficial for them ( emotionally or physically ), and that they work a job that they are making a career?

3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: What you describe is real life that repeats itself throughout the country in every state. You need to retain an experienced matrimonial and immigration attorney otherwise you will be in over your head. No hypotheticals about it!

Kevin L Dixler agrees with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: More information is needed. Newer decisions mean that the definition of marriage fraud for a prior marriage has become larger and more devastating. The USCIS now more often reviews the prior marriage to determine whether 'any' new spouse is barred from petitioning the immigrant as a matter of law. Finally, some intending immigrants may need to process outside the U.S., which can create a ten year bar to return.

As a result, I, like Mr. Boyer, strongly recommend an appointment with a competent and experienced immigration attorney, who will take the time to review the facts and provide reasonable legal advice on marriage based immigration.

The above is general information, not legal advice, and does not create an attorney client relationship.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: This is an immigration issue and best directed to a lawyer who specializes in immigration law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.