Legal Question in Family Law in California
I am on H4 visa and currently out of the states with my 4 yr old son who is a US citizen. My husband works in California and wants a divorce. Does he have the right to get my H4 visa cancelled? What if return to the US and my husband doesn't allow me inside the house? what are my options?
1 Answer from Attorneys
He cannot cancel your H4, but it will automatically be cancelled once a divorce is complete. If you want to remain in the U.S., you should return to the U.S. immediately, and hire a divorce attorney who is familiar with the international and immigration aspects of divorce. If your husband refuses to let you in the house, a divorce attorney can help with emergency motions either to get you in the house or at least to get you in to get your possessions and to obtain temporary support to pay for a place to live. If you have not been working, there is a good possibility that you would be awarded occupancy of the family home with your child if the matter were forced to a court hearing. I don't personally handle international/immigration divorces, but I have a relationship with a firm that specializes in such cases. Feel free to contact me if you would like further assistance once you return to the U.S.
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