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Can I Protect My Immigration Status If I am About to Divorce?
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Divorce is a stressful and complex time for your family, especially if your U.S. residency status is dependent on your marriage. While it’s understandable to be concerned about the impacts of a divorce, Kriezelman Burton & Associates, LLC can help you protect your immigration status.
Before you finalize a divorce, you will need to know the potential impacts on your residency status. Our attorneys can help you understand whether a divorce may put your immigration status at risk: call for a case evaluation.
Does Divorce Impact a Green Card Application?
Your prospective legal status after a divorce may depend on the current status of your immigration case. The immigrant spouse will probably need to rely on their own immigration status if there hasn’t been a visa application based on marriage. This may be determined by whether the spouse entered the country on a temporary visa, such as one for travel or employment.
A legal residency that is based on marriage grants conditional residency for no longer than 2 years. After that time period, the U.S. citizen can submit a petition to change their status to lawful permanent resident. Typically, the USCIS completes an investigation to determine if the marriage was completed in good faith.
Common Problems in Divorce Petitions
Depending on your spouse’s status, as well as the immigration benefits you received, a divorce can impact your status as an immigrant. For instance, an individual who is married to a U.S. citizen only needs to wait three years to receive a green card. If the individual gets divorced, however, they will no longer be qualified and therefore will need to wait the typical five years.
A few of the common issues include:
- Bad Faith. If an immigrant couple divorces, it may allege bad faith in the eyes of the court. This is due to the possibility that the non-citizen is seeking a green card specifically, rather than having had married out of genuine commitment. To protect your immigrant status, you will need to use careful language in the divorce decree to show that the marriage wasn’t completed in bad faith.
- Wrongful Allegations. Even if your spouse claimed that the marriage was made in bad faith in the petition, these claims are not considered facts, as you can prove that the marriage was made in good faith by providing evidence. However, this does mean that the spouse will not be able to support your application for permanent residency. Our attorneys will work to build a solid case in your favor.
Request a Waiver of the Requirement to File a Joint Petition
When a marriage ends during the 2-year conditional residency period, the noncitizen spouse’s legal status may be at risk. However, they can submit a Form I-751 to waive the joint filing requirements to obtain a green card. Often, the spouse must provide evidence that the marriage was made in good faith, which can include the final divorce decree and other documents outlining the situation surrounding the marriage’s termination.
Certain circumstances may warrant a waiver of joint filing:
- Deportation would lead to significant hardship,
- Abuse of a spouse or conditional resident child took place,
- The petitioning spouse passed away, or
- The marriage was terminated for reasons other than death.
If the divorce is ongoing while the I-751 deadline occurs, and the U.S. citizen spouse denies the request for a joint petition, you’ll need an attorney. Our team provides the guidance needed to protect your rights.
Talk to an Attorney
Divorce is never easy, especially if your immigration status may be impacted. Kriezelman Burton & Associates, LLC supports you every step of the way. Call to discuss how you can protect your immigration status with our skilled attorneys.
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Estoy muy complacida con este bufete son muy bueno en lo que hacen,gracias a Maya flores por su trabajo desde el primer día de mi proceso estuvo pendiente y nos dio un tiempo estimado
We had the chance to work with Maya Flores during the final stage of our employment-based green card process, and we are so thankful we did. Even though our case was already far along when she stepped in, she took full ownership right away. She carefully reviewed everything, prepared the documentation, suggested the right immigration forms, and made sure we felt ready. She was with us during the interview and…
I highly recommend Attorney Mathew Kriezelman and Kriezelman Burton & Associates, LLC. I had an outstanding experience working with their office. I petitioned for my parents, and the firm guided them through the entire adjustment of status process. From the very beginning, Attorney Mathew Kriezelman and Paralegal Silvia Dimayuga were professional, knowledgeable, and exceptionally supportive. They clearly explained each step, ensured all documentation was properly prepared, and promptly answered every…
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Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…
I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…
I just wanted to take a moment to thank you for all your help and professionalism throughout my green card and citizenship process. Your guidance has made everything much easier to understand, and I truly appreciate how patient, thorough, and responsive you’ve been with every question I had. I’m very grateful for your support and the quality of your work. I would gladly recommend your services to anyone who needs…
My experience with Kriezelman Burton & Associates was excellent. We worked with Jennifer Peyton, for removal proceedings due to being detained by ICE. Jennifer worked diligently and was responsive. Jennifer was supportive throughout the whole process and showed compassion. With the help of Jennifer and the help of the firm, we were able to get the removal proceedings stopped and received permanent residency. I am so thankful for Kriezelman Burton…
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