In cases where your residency is based on marriage, a divorce can have unexpected consequences for your residency.
For that reason, immigrants going through a divorce should discuss the matter with a qualified immigration divorce lawyer. The Dayton, OH, immigration attorneys at The VanNoy Firm can help you determine how a divorce would impact your immigration status and what you can do to avoid interactions with customs agents.
The VanNoy Law Firm has attorneys who can help immigrants going through a divorce, work in both specialties of the law, and have the resources to ensure the best outcome for our clients.
If you are currently a lawful permanent resident or green card holder, then your residency status would not be affected by a divorce. However, residency status on a visa would be impacted by a divorce. In addition, it would not impact conditional residency status for anyone who was married to a U.S. citizen for at least two years. Further, H-4 visa holders that are married to someone on an H-1B visa would be impacted.
Conditional residents that need to be married for three years to apply for U.S. citizenship could be prevented from doing so. You would then have to wait five years to file the application. Individuals who want to apply for citizenship will have to apply for a petition to remove conditions (Form I-751). You will also be required to file your divorce decree with the petition, proof that the marriage itself was not a sham, and tell the court why you got divorced.
Married residents with applications for legal permanent resident status on the basis of marriage would become deportable if they were to divorce. Anyone approved before the divorce would not have their immigration status changed based on divorce unless the marriage was a sham marriage. Divorced residents would still have to wait five years before applying for a green card.
Firstly, getting married does not automatically qualify you for citizenship. On the other hand, becoming divorced does not trigger deportation proceedings. Divorce courts are not permitted to contract customs officials. However, that does not preclude a third party from doing so.
Ultimately, immigrants going through divorce need two types of representation. The first will be a family attorney who is familiar with family law. The second is an immigration attorney who can help them manage their immigration status.
The VanNoy Law Firm has attorneys who can help immigrants going through a divorce, work in both specialties of the law, and have the resources to ensure the best outcome for our clients. Call today to discuss your situation, and a compassionate professional will answer any questions you have.
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