Will Divorce Affect Your Immigration Status?

Will Divorce Affect Your Immigration Status?

Will Divorce Affect Your Immigration Status?Going through a divorce is something no one wants to think about or go through. However, we all are very familiar with the fact that divorce is incredibly common, as nearly 50 percent of marriages end in divorce. In and of itself, divorce is a tricky and complicated aspect of life. The problem is that things become even more confusing when you throw matters of immigration into the mix. If you think you will face this challenge soon, you might wonder if divorce will affect your immigration status.

May Affect Conditional Residents

If you are going through a divorce, the fallout may affect you if you are a conditional resident. A conditional resident is a resident whose status depends on their spouse. Moreover, a conditional resident is someone who immigrated to the United States within two years of the marriage. That means the conditional resident’s green card is only valid for two years.

That’s why filing your I-751 form as soon as possible after getting married is essential. However, if you divorce before filing this form, you can still receive permanent residency by providing proof that you married in good faith.

Does Not Affect Permanent Residents

If you are already a permanent resident, then you can rest easy. A divorce will most likely not affect your immigration status. However, the only stipulation here is that you will now have to wait five years before filing for naturalization instead of three years. Moreover, when you apply for naturalization, you will still have to present proof that your marriage was in good faith.

Working With a Lawyer

It’s crucial for you to know that many stipulations and mitigating factors may affect your immigration status when it comes to a divorce. The laws and regulations aren’t as straightforward as you’d think. That’s why it’s so crucial that you work with a lawyer that can help you with your unique case.

Are you looking for a trusted green card attorney? At Gahagan Law Firm, we are passionate about bringing you the legal assistance you deserve. You shouldn’t have to navigate endless immigration laws and forms by yourself. We are here to help.