DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices inWoodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him by members of the public in areas of Family Law and Divorce.
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: Can you withdraw a divorce petition for immigration purposes in California? My husband filed for my green card almost 2 years ago but we were later denied because he was arrested when it was time for our interview and therefore we could not attend. After this we separated, filed for divorce and being out of status I had to return to my national country. However, we have now reconciled and decided to give us another chance, so my question is, is it possible for us to withdraw the divorce petition, (we are yet to file for a judgment, we filed uncontested divorce), so my husband can begin the petition all over again? If possible, could you represent us and how much would this cost? Thank you
ANSWER: If you and your husband are agreeable to dismiss the divorce case, then both of you should sign a Request for Dismissal [Judicial Council Form No. CIV-110), and file it with the Court, and the Court will dismiss the case. If you and/or he had an attorney in the case, the attorney would need to sign the Request for Dismissal in lieu of the client.
As to filing or refiling a Petition with INS, you will need to deal with an Immigration Attorney.
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