Can you withdrawl a divorce petition for immigration purposes in California? 11 Answers as of December 20, 2010

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

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
As long as you are still legally married (divorce is not final) then he can re-file for you. Since you are now overseas it is a two stage process and we would be happy to assist. Send me an email to the address below and I will send you the forms and fees to get this started. I will need to discuss what your husband was arrested for, whether you overstayed before returning home, any criminal record you might have to figure out fees, process, etc. Best way to begin is to call my office and schedule a consultation for me to get answers to these questions and I can advise you of time to get you back here, costs, etc. We do charge for consultations $350 per hour - but whatever you pay for the consultation is then credited 100% to the fees for your case if you retain us after the consultation.
Answer Applies to: California
Replied: 12/20/2010
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
Yes, if you have reconciled you may withdraw you petition for divorce. Feel free to contact our office to discuss the specifics on how we can help you.
Answer Applies to: California
Replied: 12/20/2010
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can dismiss the divorce, just file the proper paperwork with the court. If you need assistance, call me to make appointment.
Answer Applies to: California
Replied: 12/20/2010
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If the divorce has not yet been finalized, your husband may withdraw that petition by contacting the court. That is exactly why the state requires a 6 month wait time between filing and final processing.

If you were not out of status for 180 days or more, he can petition for your entry via consular processing. This is a three step process which will take about 8-11 months. My fee is $2500- most of my clients do a monthly payment plan over about four months and I do accept credit card payments.

I would want to obtain a lot more information about your immigration history to make sure you are completely eligible for the benefit. My representation includes analyzing your case, preparing all legal forms, providing document lists and instructions, submitting and tracking all applications filed and answering your questions during the process.

If you are interested in representation, I am happy to speak with you.
Answer Applies to: California
Replied: 12/20/2010
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am not an expert of family law in California, but the divorce petition can be dismissed, just about anywhere, as long as there is not a final judgment of divorce entered into record. Just the same, the problem will exist that you have a denied application for green card, which may be final, since you probably waited too long to appeal the decision or file a petition to reopen. You are able to file a new petition
Answer Applies to: California
Replied: 12/20/2010
    Saddleback Law Center
    Saddleback Law Center | Paris Kalor
    If your question is about representing you in withdrawal of your divorce, then your answer is that it is simple form which you can obtain from the courthouse, fill it out and file it. Check with the court's self-help center.
    Answer Applies to: California
    Replied: 12/18/2010
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes. You husband can withdraw the Petition. I would charge $500 to handle the matter.
    Answer Applies to: California
    Replied: 12/18/2010
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. You can simply file a joint request for dismissal. It is a very easy process.
    Answer Applies to: California
    Replied: 12/17/2010
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    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.
    Answer Applies to: California
    Replied: 12/17/2010
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If a couple has reconciled during the divorce process, then "yes," the petitioner can dismiss the case. If you want additional info on the process, including my fees for such assistance, feel free to contact my office.
    Answer Applies to: California
    Replied: 12/17/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    If no dissolution judgment was entered then you can withdraw the petition. The party who filed it can withdraw it, however, if the other party filed an response, then both parties have to withdraw it. Even if you do not withdraw it, you can still be repetitioned by your husband, since you are still legally married if no dissolution judgment was entered.

    Yes my office can represent you and your husband. Your will have to contact our office to schedule an in office or a telephone consultation so that we can determine what will needed to be done and the fees and cost.
    Answer Applies to: California
    Replied: 12/17/2010
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