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Haque Legal · Oakland County

Family Law & Immigration

Divorce, a conditional green card, and concerns about abuse can raise different legal questions at the same time. Haque Legal helps you identify which family-law and immigration steps need attention and how they relate.

Start with the situation you are facing

Divorce and an immigration case need coordinated review

The effect of a divorce depends on the immigration status, the type of filing, and how far the case has progressed. A pending marriage-based application and an application to remove conditions involve different questions. Bring the actual notices and documents so the consultation starts with the correct process.

We review the family-law decisions affecting housing, finances, custody, and parenting time alongside the immigration record. The dates and statements in one matter may be relevant to the other. Accurate, consistent information matters; a divorce agreement should describe the facts truthfully.

Oakland County family-court proceedings and federal immigration processes remain separate. A divorce judgment does not itself grant immigration status.

Oakland County divorce representation · Michigan immigration representation

Removal of conditions after separation or divorce

Form I-751 concerns marriage-based conditional permanent residence. Depending on the circumstances, a person may file jointly or request a waiver. Separation alone does not make joint filing impossible, while a waiver based on a good-faith marriage ending in divorce requires the marriage to be legally terminated.

Timing depends on the filing basis and case history. Review the card’s expiration date, the stage of the divorce, and any pending USCIS request together.

Read the conditional green card and divorce guide.

USCIS references: Form I-751 and current instructions · USCIS: joint I-751 petitions · USCIS: I-751 waiver requests

VAWA and an abusive family relationship

Some survivors with a qualifying relationship to an abusive U.S. citizen or permanent resident can seek immigration relief through a VAWA self-petition. Eligibility involves more than proof of abuse. A spouse’s case also requires review of the marriage, the relationship history, and the other applicable requirements.

VAWA self-petitioning and an I-751 waiver based on battery or extreme cruelty are different procedures. We can identify which questions your documents raise. Safety needs and family-court options should be discussed without assuming that you must remain in an abusive household.

Read the VAWA self-petition guide.

USCIS references: USCIS: VAWA eligibility and evidence · Form I-360

U visas for victims of qualifying criminal activity

U nonimmigrant status has separate requirements involving qualifying criminal activity, substantial physical or mental abuse, information about the crime, and helpfulness to the appropriate authorities. A qualifying certification on Form I-918, Supplement B is part of the petition requirements; a police report alone is not that certification.

Domestic violence may be qualifying criminal activity, but a divorce or abuse allegation does not automatically establish U visa eligibility. We review the available records, the certifying authority, and the other eligibility questions. A certification alone does not establish every requirement for approval.

USCIS references: USCIS: U nonimmigrant status · USCIS: U visa eligibility requirements

What to bring to the first discussion

01

Immigration documents

Your green card, notices, receipt numbers, prior filings, and any interview or hearing dates.

02

Family-court documents

Filed divorce papers, current orders, a final judgment if issued, and any upcoming court dates.

03

A short timeline

Marriage, immigration filings, separation, and the immediate questions you need answered.

You can begin the conversation before collecting everything. If obtaining a document would put you at risk, tell us what is missing so we can discuss other sources.

Family law and immigration experience in one firm

Start by telling us about both matters. If you retain Haque Legal for both, we identify the responsibilities, scope, and next steps for each engagement so the family-law and immigration work can be coordinated.

Fahd Haque

Fahd Haque

Principal Attorney · Immigration

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Theresa Rizer

Theresa Rizer

Senior Attorney · Family Law

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Meet family law attorney Hunter McCulloch.

Questions to raise at the consultation

Does every divorce require an I-751 waiver?

No. I-751 applies to marriage-based conditional permanent residence. The appropriate filing depends on your status, the case history, and the available filing basis.

Are VAWA and U visas the same process?

No. VAWA self-petitions focus on qualifying abusive family relationships. U visa petitions have requirements relating to qualifying criminal activity and assistance to authorities. Each needs its own eligibility review.

Will one consultation cover both issues?

Tell us at scheduling that you have both family-law and immigration concerns. We will identify the appropriate attorneys and explain any proposed scope of representation.

Should I gather every document before calling?

No. Start with the documents you can access safely and any approaching dates. We can identify additional records after reviewing the situation.

Tell us how to reach you safely

If someone monitors your phone, email, or mail, tell us which contact method and times are safe before sharing sensitive details. Tell us whether we may leave a voicemail. Use a device and account you can access safely.

For an Oakland County divorce or custody matter involving immigration concerns, ask for a consultation covering both practice areas. Bring upcoming court and immigration dates to our attention at the first contact.