How Will Divorce or Separation Affect My Immigration Status?

If you are living in the United States of America on a visa that was granted to you on the basis of your spouse, then after a legal divorce or separation from your spouse, your stay in America will be affected. Thus, you should think twice before you plan to take this step. Read the article below which shall guide you on the options you have in hand.

Does Divorce affect my Immigration Status

Conditional residents are the ones, whose legal status might be affected by separation or divorce. Let’s know more in detail about who are conditional residents

• For your immigration, you used your spouse’s immigration status and you were supposed to immigrate within 2 years of your wedding, then you are a conditional resident. These two years comprises of coming to the USA and also adjusting your immigration status while being in the states.
• If you are still confused about your immigration status, then you should get in touch with a professional and knowledgeable immigration attorney.

If your immigration status is dependent on your spouse’s status, then surely after separation or divorce, your status will be affected.

For instance, you are married and spouse is an H1B visa holder, and you qualify as a dependent. Thus, your status will be affected and you will be not be allowed to apply for a green card, once the priority date on the status application becomes current.

What effect can a divorce or separation cause?

The answer to this query is based on the status of your spouse and also because of your spouse status, what kind of benefits you got and when were these benefits provided to you.

For instance, if you are a conditional resident after your wedding, you can obtain this status only for 2 years. If you wish to become PR, then you need to file I-751 which is the form to remove the Conditions of Residence. Also, these needs to be applied before the 90 days of the expiry of Green Date, the expiry date is printed on the card, thus check before and keep the form ready.

Although, after divorce, it may become difficult for you to get the permanent residency, still it is not impossible. You just need to prove that you were married in good faith and had the intention of living together. This can be proved by showing a joint bank account, joint lease, and coverage under the health and automobile insurance policies.

In cases where Divorce doesn’t affect the status

If you already are a green card holder and a permanent residence when you apply for divorce, then your status remains unaffected. Although, your wait for naturalization increases from 3 years to a period of 5 years.

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Diksha Garg

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