Can Divorce Affect My Immigration Process?

Glen Burnie MD

30 August, 2021

9:23 AM

Description

Many people come into the United States on a visa granted based on an application submitted by their spouse. This type of visa aims to reunite families; however, a divorce can hurt the immigration process. With a divorce, the lawful ability to stay in the United States changes, and this is why you must be careful of the steps you take during a separation or divorce. This article weighs your options and answers some of the most important questions you have on your mind concerning divorce law. Will My Immigration Status be Affected? A legal separation or a divorce can affect the lawful state of a person whose initial stay in the United States is based on their spouse. These types of persons are regarded as conditional residents. The greatest effect of a divorce or separation will affect; People who have used their spouse’s status as a citizen or lawful permanent resident to come into the United States within two years of their marriage.People who are unsure of their status may need to contact a divorce lawyer and an immigration lawyer for help. In general, the effect of the divorce or separation on your immigration status will depend on the spouse’s status. For example, if you are married to a person with an H1B visa, they have an approved adjustment of status application. Still, a divorce or separation may nullify your chances of claiming to be a dependent under the visa without the current priority date. In this case, obtaining a green card may become impossible. What are the Effects of a Divorce or Separation? The effect of a divorce or separation on your immigration status primarily depends on the status of your spouse, the benefits available to them, when and how you received those benefits. For example, conditional residents who came into the United States through marriage must file a Petition to Remove Conditions of Residence or Form I-751. This document must be filed within the final 90 days before the date on the green card expires. When this form is filed, both spouses are required to show that they are still married. However, if they have separated, the original US resident can file the petition themselves by submitting a waiver. With a divorce, it becomes much harder for you to become a permanent resident; however, it is not impossible. Your divorce attorney should be able to instruct you on the chances of achieving your goal. One way to achieve this is by showing that you married your partner in good faith and not for the benefits associated. To prove this, you’ll need evidence to back that you lived or intended to live together when married. You must submit documents showing that you shared an intimate and normal married life with the other party. Some of the documents that can influence the immigration department’s decision include a joint lease, joint credit cards, joint bank accounts, joint insurance coverage or being listed as a beneficiary under health and auto insurance, and more. However, if you had obtained your green card and are a permanent resident at the time of the divorce, the development won’t affect your status. Jimeno & Gray, P.A. 7310 Ritchie Hwy #900 Glen Burnie, MD 21061 (410) 590-9401 https://www.jimenogray.com/