Divorce and Immigration
Divorce and Immigration in Chicago
Divorce on its own is already complicated. But a divorce can be more complicated when one spouse’s immigration status is dependent on the other spouse. But divorce doesn’t necessarily equate to automatic deportation. It does, however, mean that you must explore your options. Consult an Illinois immigration attorney to create a plan for securing your status. This is especially crucial if children are involved.
How Divorce Can Affect Your Current Immigration Status
While divorce cannot alter or revoke permanent residency status, it will impact non-resident immigration statuses, including:
- Dependent Visa – This visa is granted to a spouse who came into the U.S. as part of his or her spouse’s visa. For instance, you were given an H-4 visa, which is dependent on your spouse’s H-1B visa status.
- Conditional Residency – This is given to immigrant spouses who have been married to a lawful permanent resident or U.S. citizen for a minimum of two years.
Conditional residents are given three years to earn their U.S. citizenship instead of the standard five years. To obtain this shorter residency requirement, conditional residents should prove that they were married in good faith to a permanent resident or U.S. citizen for a minimum of three years. But if they get divorced before the three-year requirement, they’ll need to wait five years to re-apply for citizenship.
If you want to gain permanent residency status and your divorce was finalized when you were still a conditional resident, you’ll have to submit Form I-751, a Petition to Remove Conditions on Residence, and a request for waiving the standard requirement for filing Form I-751 with your spouse.
But if you have a dependent visa, the USCIS will automatically revoke your immigration status once your divorce has been finalized. On the other hand, in situations where abuse is involved, you can explore your options with an experienced Illinois immigration lawyer, such as obtaining a working permit, so you can stay in the U.S.
How Divorce Can Impact an Application for Permanent Residency
If you’re a conditional resident, you should file a petition prior to your admission into the country’s second anniversary to obtain permanent resident status. Otherwise, when you get divorced, you will automatically lose your immigrant status and may be deported. On the other hand, if you were given a permanent resident status before your divorce, the divorce won’t have any effect on your immigration status.
But, non-citizens who get divorced will need to wait for five years to apply for a green card as opposed to the three-year requirement if they were married and are classified as conditional residents. Once non-citizens qualify for green card application, the USCIS will investigate their immigration history, and they will need to prove that their marriages weren’t fraudulent. Otherwise, the USCIS could deny your citizenship and/or start removal proceedings.
Consult Our Illinois Immigration Attorneys Today
Getting in touch with an experienced Illinois immigration attorney can help you navigate your divorce and its potential impact on your immigration status. Our Illinois immigration lawyers here at KB&A can help in planning the best possible steps you and your family can take, taking into account your immigration status. Call us or schedule your consultation online today.
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Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
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