How Divorce Can Affect the Immigration Process
We know that divorce is a stressful, complicated process, and it gets even more confusing when immigration status comes into play.
Here, an experienced immigration and family law attorney answers a few common questions about divorce and how it can affect your immigration case.
Will a divorce impact my current immigration status?
It depends on multiple factors, including your spouse’s immigration status, the specific immigration benefit you received, and when you received it.
If you are a noncitizen going through a divorce, we recommend contacting an experienced immigration attorney regardless of your status.
If you’ve already been approved for lawful permanent residence
If you were still married at the time of your application for permanent residency, still married when it was approved, and already had your green card at the time of divorce, a divorce shouldn’t change your current status.
However, it will change how long you must wait before applying for citizenship. Instead of waiting three years, you’ll need to wait five years since you are not married to a US citizen. When you apply, you must be able to prove to USCIS that your marriage was legitimate. If you cannot prove that, your citizenship can be denied.
If you have a conditional green card
If you received a conditional green card through marriage to a citizen or permanent resident, you might lose this conditional status and be deported if you get divorced.
In this situation, you receive a two-year conditional green card, and during that period, the USCIS evaluates your marriage to confirm its legitimacy. At the end of the two years, you and your spouse must file Form I-751, Petition to Remove Conditions on Residence, and evidence to prove the legitimacy of your marriage.
If you get divorced, you will need to file Form I-751 with a waiver to the joint filing requirement and provide evidence that the marriage wasn’t fraudulent. If you cannot prove this, you may possibly face deportation proceedings.
If you have a dependent visa, you will lose your immigration status when your divorce is finalized. This applies to you if your spouse is an H-1B visa holder, and your status depends on their good standing.
If your divorce is finalized while you’re a conditional resident and you want to apply for permanent residency, you will need to submit Form I-751 and a request to waive the joint filing requirement.
Do I need an Immigration Attorney?
Yes, you should hire an immigration attorney. Regardless of your immigration status, you have the right to an attorney.
They will help you navigate family and immigration law systems and reach the best possible outcome. An experienced immigration attorney can walk you through the process to ensure you don’t miss any necessary steps.
Talk to the Immigration and Family Lawyers at JAD Law
You deserve to have an experienced attorney who is well-versed in immigration and family law matters at your side. JAD Law is here for you.
Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
