Can A Divorce Affect My Immigration Status?

Divorce is almost always a challenging event which will impact the rest of your life. If you’re an immigrant, this is even more considerable, as divorce could impact your immigration journey. It’s crucial to understand the potential implications and dispel any uncertainties that might cloud your path forward. In this blog post, we’ll explore the intricate relationship between divorce and immigration status, shedding light on common concerns and providing clarity amidst the complexity. 

Marriage and Immigration: The Foundation

In many immigration processes, marriage to a U.S. citizen or permanent resident serves as a cornerstone for obtaining a visa or adjusting your status. The marriage might have provided you with conditional permanent residency, with the understanding that the relationship would continue. However, divorce introduces a fundamental change to this equation, prompting questions about the impact it may have on your immigration status.

Conditional Residence and Divorce: Navigating the Transition

If you obtained conditional permanent residency through marriage, divorce can introduce additional considerations. The key lies in understanding the timing of the divorce and its potential effect on your immigration status. A divorce before the expiration of your conditional status might require you to pursue a different path. However, divorce after the removal of conditions typically necessitates demonstrating that the marriage was entered into in good faith, despite its eventual dissolution.

The Waiver Option: Proving Good Faith

When facing divorce after obtaining conditional permanent residency, filing for a waiver becomes crucial. The waiver allows you to request an exception to the joint filing requirement, demonstrating that your marriage was entered into in good faith but did not endure due to legitimate reasons. The burden of proof rests on you, requiring compelling evidence such as joint financial responsibilities, shared assets, and a history of shared experiences.

U Visas and Divorce: Special Considerations

U visas, available to victims of certain crimes who assist law enforcement, present unique circumstances when it comes to divorce. If the divorce occurs before you obtain U visa status, it may complicate your eligibility. Typically, if you were granted U visa status before the divorce, it would not alter your immigration benefits. 

Divorce and Spousal Support: Financial Considerations

Apart from the immigration-related concerns, divorce can bring about financial changes that may indirectly affect your immigration status. For instance, if you were relying on your spouse’s support to meet the financial requirements for immigration applications, the loss of that support can pose challenges. It’s crucial to explore alternative avenues and discuss your options with an immigration attorney to ensure your immigration journey remains on track.

While divorce can introduce uncertainties into your life, it doesn’t necessarily mean the end of your immigration dreams. Understanding the relationship between divorce and immigration status is crucial to navigate the complexities effectively. By seeking guidance from an experienced immigration attorney, you can assess your options, explore waivers, and gather the evidence needed to demonstrate good faith in your marriage. Contact the Law Office of Robert D. Ahlgren to schedule a consultation, and we can help review your immigration concerns.