Immigation and Divorce: Will Your Status Change?08/10/2017
If you are in the United States as an immigrant, you already know that it can be tricky and sometimes difficult to navigate the many laws and regulations to be allowed to remain in the country. However, what if you are also dealing with some personal legal matters such as divorce? You may be wondering how your divorce will affect your immigrant status. We’re here with the answers to all of your questions relating to divorce and immigration.
Can divorce affect non-immigrant status?
If you hold the L-2, J-2 or H-4 status, but and your immigration is related to the non-immigrant status of your soon-to-be ex-spouse, divorce can effectively terminate your status once it is finalized. You should take steps to apply for non-immigrant status or U.S. citizenship before your divorce goes through in order to avoid deportation. Circumstances may vary, and it is wise to consult an immigration attorney in addition to your divorce lawyer, but you will want to be prepared to apply for separate non-immigrant status in any case.
I have a conditional green card as a result of marrying a U.S. citizen. Will divorce affect my status?
In a word, yes. Termination of the marriage to the U.S. citizen can effectively terminate your conditional green card status, which is granted for marriages that are two years old or less. However, you can apply for a waiver if you are able to prove that the marriage was entered into in good faith and that you are not at fault in the cause of the divorce.
What about permanent green card status? Will divorce affect me?
No, it will not. Once you have petitioned for and been granted a permanent green card, your status cannot be terminated, regardless of whether you remain married to the U.S. citizen.
I am applying for U.S. citizenship, but I am also going through a divorce. Will I still be permitted to apply?
Possibly. If you enter the United States on a green card as a result of marrying a U.S. citizen, you are eligible to apply for citizenship after three years of being a permanent resident in the country. However, if your marriage ends before the three-year mark, you will have to remain in the United States for a total of five years before you are eligible to apply for citizenship.
Contact Us for a Consultation on Immigration Status After Divorce
If you still have questions about divorce and how it affects your immigration status in the United States, Diaz Shafer, PA and the legal team at Sunstate Immigration can help. We are located in Tampa, FL and have helped people from all over the world realize their dream of immigration to the United States. Give us a call today at 1-855-VISA-SUN (1-855-847-2786) to speak with Diaz Shafer or her associates about your immigration law case.