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Will My Divorce Affect My Immigration Status?

Life is rarely ever predictable. The marriage that once brought you joy might not last forever. Unfortunately, if you are residing in the U.S. on a visa you obtained through your spouse’s application, the end of your marriage might have an impact on your ability to remain within the country. Therefore, if you are contemplating a divorce or legal separation, you must do so with careful consideration of the potential consequences.

Understanding the Impact of Divorce on Your Immigration Status

There are some circumstances in which a divorce or legal separation might impact the legal status of a conditional resident who immigrated to the U.S. through a spouse’s legal status. For example, if your spouse has an H1B visa and an approved adjustment of status request, a divorce or legal separation might prevent you from qualifying as a dependent. Under these circumstances, you might not be able to secure a green card when your spouse’s priority date becomes current.

That said, although getting a divorce might make it substantially more difficult for you to become a permanent resident, it is not altogether impossible. If you wish to become a permanent resident, you must show that you married your spouse in good faith and that you intended to spend your lives together. To prove this, you will need to gather documents such as a joint lease, joint credit cards, a joint bank account, and health insurance policies to highlight your life together as a normal married couple. Without any documented proof that you shared a life with your spouse, it will be challenging to prove that you married in good faith.

If you are a permanent resident and have a green card at the time of your divorce, your status will not change as a result of your split. However, you can expect it to impact the length of time necessary to wait for naturalization. Instead of waiting for three years, you will wait for five years before you can apply for naturalization.

Discuss Your Case with One of Our Knowledgeable Immigration Attorneys Today!

If you are getting a divorce or legal separation while residing in the country on a visa obtained through your spouse, you will encounter some complications. To ensure you smoothly navigate these troubled waters, hire an experienced immigration attorney to handle your case and minimize the potential impact on your ability to remain within the country. At Simon Law Group, PLLC, our skilled immigration attorneys have the knowledge and experience necessary to handle these complex cases. We will help you understand your rights and provide the sound legal guidance you need to make the right choices for your circumstances.

Do not hesitate to secure the experienced legal counsel you need. Reach out to our law office today at (713) 839-0639 to discuss the details of your immigration case with one of our top-rated attorneys. We are dedicated to protecting your rights and will treat your best interests as our top priority.

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