Can divorce affect your immigration status in the U.S.?

What you need to know about divorce

Obtaining lawful U.S. residence can be a lengthy and complicated process for many immigrants, and additional complications like a divorce or major life change can make it even more stressful. This is especially true for immigrants in any stage of the U.S. immigration process as divorce can have a significant impact on their immigration status. It is normal for individuals to experience a range of emotions such as grief, anger, and fear when their marriage comes to an end.

The impact of divorce on U.S. immigration status varies based on an individual’s personal circumstances, such as their residency status and where they are in the immigration process. A divorce can have a greater impact on a marriage-based green card petitioner than on a green card holder applying for naturalization. Therefore, it is essential for immigrants to understand how divorce can affect their immigration status and to navigate any potential challenges that may arise.

Marriage Green Card and Divorce

If an individual is in the process of petitioning for a marriage-based green card, and divorce occurs, the application cannot proceed as the immigrant no longer meets USCIS eligibility requirements for permanent residence through their spouse. This holds true for both the divorcee applying for a marriage-based green card and the divorcee who was married to someone applying for a green card.

In the case of a green card holder getting divorced, the impact on their immigration status depends on whether they are a conditional or permanent resident.

When applying for a marriage-based green card, applicants are granted either a permanent, renewable green card valid for 10 years, or a conditional green card valid for 2 years, depending on the length of their marriage at the time of application. Individuals who were married for at least 2 years at the time of entry into the United States are classified as permanent residents, while those married for less than 2 years are considered conditional residents.

Conditional residents are only allowed to reside and work in the U.S. for a 2-year period, after which they can apply for permanent residence by submitting a Petition to Remove the Conditions of Residence (Form I-751) within 90 days of the expiration of their conditional green card. Despite the challenges, conditional residents can still obtain permanent residence even after divorce, but they must provide sufficient evidence to prove that their marriage was legitimate and bona fide, rather than a fraudulent attempt to obtain a green card through a sham marriage. Therefore, regardless of their marital status, conditional residents must demonstrate that their marriage was authentic.

Are you seeking permanent residence as a divorcee?

Follow these steps

To remove the conditions of a green card after divorce, submit Form I-751 and a waiver, along with a detailed statement explaining the reasons for the marriage’s end and evidence that it was authentic. The process is taken very seriously by USCIS, and any errors can result in rejection or even deportation. It’s important to consult with an experienced immigration attorney to strengthen your case and avoid removal.

For permanent residents who were married for at least 2 years at the time of admission, divorce has little to no effect on their status, and they can renew their green card with ease by filing Form I-90.

Navigating the complex twists and turns of U.S. immigration can be challenging and dehumanizing. The Alfonso Law Firm in Miami is here to help immigrants and their loved ones at any stage.