Modesto, CA Immigration Law Firms & Lawyers

Generally, a person has to be a Permanent Resident for five years to be eligible for naturalization. However, a spouse of a US citizen only has to be a Permanent Resident for three years to apply for naturalization. So the only way the divorce affects your naturalization application is the length of time that you have to be a Permanent Resident. You mentioned that you have been a Resident for four years, so if you get a divorce, you will have to wait until you have been a Resident for five years (you can usually file your application for naturalization about 2-3 months before the five-year period). As for name change, you can ask for your name to be changed back to your maiden name in your divorce documents, so that you can start using your maiden name again once you have a divorce decree that orders your name to be changed back to your maiden name.

I assume that you have already waited the requisite 150 days and that your application has not been denied.  Also that the KLOK is not stopped short of the 150 days by any delaying action by you or your representative.  At this time, USCIS's policy on EAD's is that you may inquire on EAD applications 75 days after the I-765 has been filed with the agency. As the issuance of EAD's has become centralized, USCIS district offices (to our knowledge) are no longer giving interim EAD's. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

I do not profess to know anything about family law. Immigration wise, it would appear that as the unmarried mother of the children, DHS would see that you have a right to take the children to France. As American passport holders do not require visas to go to France for short visits, the children would not have a problem going into France or returning to the U. S.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.