Divorce can affect your immigration status in ways that might not be immediately obvious. If your path to a green card depends on your spouse, the end of a marriage can raise serious concerns about whether you can stay in the United States. However, there are many situations where you may be able to continue with your immigration journey even after a divorce.
If you have questions about divorce and green cards in Palm Bay, now is a good time to speak to an attorney. Reach out to an experienced green card lawyer from Jag Law, PLLC to get the answers you need.
If you already have a permanent, 10-year green card in Palm Bay, divorce usually does not affect your immigration status. This is because once you receive lawful permanent resident status without any conditions, your right to live and work in the United States does not depend on staying married.
Despite this, divorce can still impact your status in certain situations. If you plan to apply for U.S. citizenship, immigration officers may review your marriage history. If your green card was based on marriage, they may look more closely at whether the marriage was legitimate at the time it began. However, no one should stay in a marriage purely for immigration purposes, even though separation or divorce might lead to more scrutiny from federal officials.
Divorce may also affect the timing of your citizenship application. If you were planning to apply after three years based on marriage to a U.S. citizen, that option is no longer available after divorce. In that case, you will need to wait the standard five years before submitting your visa application.
Things can be more complicated when you have a conditional green card. If you received your green card through a recent marriage, you likely have a two-year conditional green card. To stay in the United States, you must file a petition to remove those conditions before the card expires.
Most couples file this petition together. You cannot file jointly after a divorce, but that does not mean your status is gone for good. Instead, you will need to apply for a waiver of the joint filing requirement.
To qualify for a waiver, you have to be able to show that the marriage was entered into in good faith, meaning you and your spouse intended to build a real life together, even if things did not work out between the two of you. Proving that your relationship was legitimate can include providing everything from financial records to social media posts.
You should not wait until the last minute to file, because an expiring green card could lead to removal proceedings. An attorney in Palm Bay can help you navigate divorce and green card issues, ensuring you act fast.
Divorce can be a serious issue if you are in the United States on a dependent visa. These visas, which are for the spouses of temporary workers or students, are entirely dependent on the relationship with another visa holder.
Once the marriage ends, your dependent status typically ends as well. If you do not make other arrangements for a different type of visa, you could find yourself facing removal proceedings right away. Due to the high stakes, it is advisable to talk to a Palm Bay attorney about how to navigate divorce on a dependent visa or green card.
If you have questions about divorce and green cards in Palm Bay, reach out to our firm immediately to learn about your options. Our founding attorney, Shoba Jaglal, has been through the immigration process herself and understands the stress you may be under. We look forward to helping you.
