Divorce and Immigration in Chicago

Divorce is hard enough on its own. When your ability to stay in the United States is tied to your marriage, the fear surrounding divorce can become overwhelming. You may wonder whether you can keep your green card, maintain your work authorization, or remain in the country with your children if you and your spouse separate.

Divorce does not necessarily mean automatic deportation. It does, however, mean you should act early and make informed choices. The steps you take today can protect your status, your job, and your family’s stability for years to come.

At Kriezelman Burton & Associates, LLC, we can help you with the immigration side of divorce. Immigration and nationality law is our sole focus, and we have helped thousands of clients secure and protect their lawful status across the country. This means we do not handle the divorce filing, but we can help you protect what a divorce may put at risk: your ability to live, work, and stay lawfully in the United States.

Who We Assist

We can help individuals and families facing the immigration effects of divorce, including:

• Conditional residents whose genuine marriage is ending and who need to prove the marriage was real without a former spouse’s cooperation.
• Immigrant spouses with a pending marriage-based case whose sponsor has withdrawn support, or threatened to.
• Dependent visa holders who want to explore an independent status before the divorce is final.
• Divorcing parents worried about protecting both their own status and their children’s ability to remain in the United States.
• Those facing abuse or threats of deportation from a spouse who controls their documents.
• Green card holders planning to naturalize through marriage who want to understand how divorce may affect their timeline.
• Anyone recently served with divorce papers who wants immigration advice before signing anything.

We know that this is a significant life transition for anyone, and when it could impact your legal status in the U.S., our firm can provide the legal guidance you need to make it through this season.

How Divorce Can Affect Your Immigration Status

The impact of divorce depends largely on the type of status you currently hold. Our lawyers can review your circumstances and help you understand the steps to best protect you and your family.

Dependent Visas

If you entered on a dependent visa tied to your spouse’s status, such as an H-4 linked to an H-1B, a finalized divorce generally ends that dependent status. In these situations, we can help you explore independent options, such as a change of status or gaining work authorization, so you can remain lawfully in the country.

Pending Marriage-Based Cases

If your marriage-based green card case is still in progress, a divorce or a spouse’s decision to withdraw the petition can change everything. A sponsoring spouse can, in many cases, pull their support before the process is complete. If this happens, or you fear it might, early advice matters. We can help you understand where your case stands and whether a different path may be available.

Conditional Residency and Form I-751

Spouses married for less than two years usually receive conditional residency. Normally, both spouses file together to remove those conditions before the two-year renewal period is up. When a marriage ends, that cooperation may no longer be possible.

In that case, you may file Form I-751, the Petition to Remove Conditions on Residence, along with a request to waive the joint-filing requirement. Success often depends on showing that your marriage was entered into in good faith, even though it later ended.

Permanent Residency and Citizenship Timing

Divorce cannot alter or revoke an existing permanent residency status. If you already held your green card before the divorce, your status remains secure.

Timing can change other paths, however. A spouse of a U.S. citizen may qualify for citizenship in three years rather than five, but a divorce before meeting that requirement can extend the timeline. Should you later apply for citizenship, immigration officials will review your history and confirm the marriage was genuine. Careful preparation and strong evidence of a good-faith marriage are essential.

Protecting Yourself in Situations of Abuse

Threats about your immigration status are a common form of control, and you do not have to face them alone. If abuse is part of your situation, you may have options to remain in the United States independent of your spouse. We handle these matters with the utmost confidentiality and care, and we encourage you to seek private legal guidance early so you can protect your safety and your children’s stability.

Early Steps You Can Take to Protect Yourself

Every case is different, but some steps you may want to consider include:

• Get immigration advice early, ideally before the divorce is final or a deadline arrives.
• Preserve evidence of your good-faith marriage, such as photos, shared records, and correspondence.
• Keep copies of your immigration filings, receipts, and personal documents.
• Act quickly if a filing deadline is approaching, since timing can affect your options.

The right steps for your situation will depend on your specific circumstances, which our lawyers can review with you.

Why Trust Kriezelman Burton & Associates, LLC?

• Comprehensive Support Under One Roof: From conditional residency and waivers to work authorization and citizenship, we can help you address the full range of divorce-related immigration needs.
• Decades of Immigration Law Experience: We concentrate our practice on all aspects of immigration and nationality law, giving our clients dedicated, knowledgeable representation.
• Clear, Dedicated Guidance: We explain each stage in plain language, making a complicated process feel manageable rather than overwhelming.
• A Proven Track Record: We have represented thousands of foreign nationals and their families in securing and protecting lawful status in the U.S.

Speak With Us Privately Today

If divorce is affecting your immigration status, or you fear it soon might, the most important step is a confidential conversation with an experienced immigration lawyer, ideally before deadlines or final divorce steps add risk. The sooner you reach out, the more we may be able to do to protect your future.

Call our office today at 312-332-2550 or schedule your consultation online. Your conversation is confidential, and our focus is on protecting you.

FAQs About Divorce and Immigration