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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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.
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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.
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