Divorce-Immigration
Divorce & Immigration
Divorce can have significant implications for individuals navigating the complexities of immigration law. Understanding how marital status affects immigration status is crucial for those who are in the process of obtaining or maintaining their residency or citizenship in the United States.
Immigration Status Based on Marriage
For individuals whose immigration status is tied to marriage, divorce can directly impact their ability to remain in the United States. Common scenarios include:
- Conditional Permanent Residency: If you obtained conditional permanent residency through marriage to a U.S. citizen or lawful permanent resident, divorce may complicate the process of removing conditions on your residency. Typically, you must file a joint petition with your spouse to remove these conditions. However, if the marriage ends, you may need to file a waiver and demonstrate that the marriage was entered into in good faith.
- Pending Adjustment of Status: If you are in the process of adjusting your status based on marriage, divorce may halt the application process. Without the marital relationship, the basis for your adjustment of status may no longer exist.
- Fiancé(e) Visa Holders: Individuals who entered the U.S. on a K-1 visa must marry their sponsoring fiancé(e) within 90 days of arrival to adjust their status. If the relationship ends before marriage, the individual may face removal proceedings.
- Citizenship Applications: Divorce can also affect the timeline for applying for U.S. citizenship. If you obtained permanent residency through marriage, you may be eligible to apply for naturalization after three years instead of the standard five years. However, this expedited timeline requires that you remain married to and living with your U.S. citizen spouse during the three-year period. Divorce may require you to wait the full five years before applying for citizenship.
- Proving Good Faith Marriage: In cases where divorce occurs, proving that the marriage was entered into in good faith becomes essential. Immigration authorities may scrutinize the relationship to ensure it was not solely for immigration benefits. Evidence such as joint financial accounts, shared property, photographs, and affidavits from friends and family can help demonstrate the authenticity of the marriage. This can be made more difficult by an uncooperative spouse, but there are pathways that do not require the US citizen spouse’s cooperation.
Waivers and Exceptions
Certain waivers and exceptions may be available to individuals facing immigration challenges due to divorce. For example:
- Extreme Hardship Waiver: If deportation or removal would cause extreme hardship to the individual or their family, a waiver may be granted.
- Abuse or Cruelty Waiver: Victims of abuse or cruelty by their spouse may qualify for special protections under the Violence Against Women Act (VAWA), allowing them to self-petition for residency without relying on their spouse.
Navigating the intersection of divorce and immigration law can be complex and emotionally challenging. Consulting with an experienced immigration attorney is essential to understanding your rights and options. An attorney can help you address issues such as conditional residency, waivers, and proving the legitimacy of your marriage.
Divorce can have far-reaching consequences for individuals with immigration concerns. Whether you are adjusting your status, seeking permanent residency, or applying for citizenship, understanding the legal implications of divorce is critical.
