How a Divorce Can Impact Your Non-Resident Immigration Status
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Couples who marry generally contemplate spending all their lives together as a married couple, and hopefully with children they raise together. However, the reality of life is that many marriages end in divorce, bringing about uncertainties, heartache, and other complications. This is especially true if you are a non-resident divorcing a U.S. citizen.
At Kriezelman Burton & Associates, we can analyze your situation and give you specific legal advice as to how divorcing may impact your non-resident immigration status. We are based in Chicago, but we help clients throughout Indiana, Wisconsin, and Michigan.
What Will Happen?
Getting divorced as a non-resident does not mean you will be deported immediately – rather, it brings about complications to your status that you should know about and be prepared to cope with.
What the complications are and how that may impact your non-immigrant status depends on your specific non-immigrant status, but the most affected are conditional residents and dependents of principal visa holders.
If you have a conditional residency green card, the law provides that you can file a joint application with your spouse 90 days before the expiration of the two-year period to remove the conditional status and become a regular lawfully admitted permanent resident (permanent green card holder).
To do this, you will need to file your application along with the following items:
- Divorce Decree
- Proof your marriage was entered into in good faith and not a sham marriage
- Reason or reasons why you divorced
An immigration officer will review the evidence and information in your file and decide whether to approve the petition to remove conditions or not. If the petition is approved, that’s it – you are a regular permanent resident from that point on.
If the petition is denied, you will likely be placed in removal or deportation proceedings, where you will have to defend yourself before an Immigration Judge against government efforts to have you deported.
If you are contemplating divorce or even if you have divorced already and now wish to address your immigration status, it is best to retain the services of an experienced immigration attorney right away who can advise you on your best options for the way forward to avoid being placed in removal or deportation proceedings.
Dependent Visa Holders
If you have a visa dependent on your spouse, such as H and F visas for spouses, your immigration status will be lost once your divorce is finalized. Your best option under these circumstances is to consult with an experienced immigration attorney. The lawyer will review your facts and circumstances and determine what other options you may have that could help you remain in the United States with a valid immigration status.
A Chicago Immigration Lawyer Can Help
The possibilities are numerous if you are getting divorced as a non-resident, so it is important that you seek consultation with an experienced immigration attorney immediately. At Kriezelman Burton & Associates, we handle cases like these and are here to help. Contact us today to schedule your appointment.
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Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
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I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
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Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
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We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
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