The Effect of Divorce on Immigration Status

So, you are not from the U.S. but getting divorced? It could be a big problem because it could affect your immigration status unless you are already an U.S. citizen.

There are many questions which people ask during a divorce. One important question is the question of green card and immigration status. If you are in the process of getting your green card but are also getting divorced, what then? Will your application be rejected?

Divorce effect on conditional permanent residence

You receive a conditional permanent residence when, the time of admission, you have been married for not more than two years. If you want to attain permanent residency, then you have to apply to the U.S. Citizenship and Immigration Services (USCIS) before the second year of your immigration admission. If, at the time of application, you are still married then you will become a permanent resident. But if your marriage fails then you can be liable for deportation.

Immigration applications after a divorce

There are strong laws that govern the status of an immigrant during a divorce proceeding. If you or your spouse are both immigrants, then you need to first get permanent residential status before you can get married on U.S. soil. If one of you is a U.S. citizen, then it becomes easier for the other to become a permanent resident.  In the case of a divorce, if you are still an immigrant when you filed for your divorce, chances are your residency status will be terminated and you will be sent back to your home country. But if you are separated and not yet divorced then the situation is not that grim. Because you are still legally married to one another, the court will strongly consider this fact.

Staying in the U.S. after a divorce

In case you choose not to withdraw your immigration application, you can be granted conditional residency. But it all depends on which state you are in and what the state laws say. The conditional residency is possible through a waiver.

If your marriage was based on good faith, you might not get that green card you applied for but you might get a conditional residency. For getting a green you must have stayed in the U.S. for a certain amount of time or have married an U.S. citizen. Situations are not always bad. It depends partly on your luck and partly on state laws.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.