H4 Visa and Divorce

As part of helping clients with divorce, inevitably, immigration questions come up.  The Bay Area has become a home to people from all over the world.  As a San Jose divorce lawyer, I have learned that it is important for me to understand the various immigration challenges that my clients may face if divorce happens. 

Professionals from abroad bring their spouses and children.  You are given an H-4 dependent/spouse visa when your spouse has a work visa–H1B.  An H4 visa allows you to stay in the U.S. with your spouse.  If you hold an H-4 visa and you are going through divorce, your authorization to stay in the U.S. on an H-4 visa ends when your divorce is finalized.  You must request a change of status with USCIS, if you are eligible, before your divorce is finalized.  If you are an H4 visa holder going through a divorce and you wish to remain in the U.S., I encourage you to contact a San Jose divorce and immigration lawyer early in the divorce process to learn your options.

Written by Ekaterina Berman, a San Jose divorce and family immigration lawyer.  My goal is to provide experienced and caring representation in family law matters to every client.