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Will a Divorce Affect My Immigration Status? 

Will a Divorce Affect My Immigration Status? 

PUBLISHED ON: December 23

As an immigrant, navigating a divorce can bring about a complex set of challenges and concerns, especially in relation to your immigration status. However, there are various legal protections and provisions in place designed to support immigrants who are going through a divorce. It’s crucial to seek legal advice to understand your rights and options in these circumstances.

In this blog, we will discuss how a divorce can affect your immigration status and what steps you can take to protect yourself during this difficult time.

Understanding the Impact of Divorce on Different Immigration Statuses

The effect of a divorce on your immigration status can vary significantly based on the type of immigration status you hold. This status could be as a green card holder, a visa holder, or a conditional resident.

Green Card Holders

For individuals who hold a green card, a divorce post-green card approval generally does not interfere with the immigration status. However, complexities may arise if the marriage was less than two years old at the time of obtaining the green card. In such instances, the individual may have a conditional residency. A divorce under these circumstances can complicate the process of removing conditions on the green card.

Visa Holders

For those holding a visa, a divorce could potentially impact their immigration status. Certain visas, like the K-1 fiancé visa, are based on the marriage to a U.S. citizen. If a divorce occurs before adjusting the status, the individual might lose their eligibility for the visa.

Conditional Residents

If an individual possesses conditional residency based on marriage, a divorce could have significant implications. They will need to file a waiver to remove the conditions on their green card. The divorce could affect the eligibility for this waiver, making it crucial to consult an experienced immigration attorney to navigate this process effectively.

Navigating the Complexities of Divorce During the Green Card Process

Divorce can introduce additional complexities into the green card process, whether you are still applying, waiting for approval, or already possess a green card. The potential impact of a divorce can be more complicated during conditional residency than during permanent residency.

A divorce during conditional residency requires you to file a waiver to remove conditions on your green card. The eligibility for this waiver could be affected by the divorce, making it a complex situation that needs careful navigation.

Contact Sverdloff Law Group

Each case is unique, and the specific circumstances surrounding the divorce and immigration status will determine the outcome. It is always recommended to consult with an experienced immigration attorney to understand the potential consequences and explore available options.

At Sverdloff Law Group, we are dedicated to helping our clients navigate these complex situations with professionalism and empathy. We understand the challenges that come with starting a life in the United States, and we are here to provide the guidance you need through the immigration process. Your dream should be realized, and we are here to help you accomplish it. If you have any questions or need assistance with your immigration case, do not hesitate to reach out to us.


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