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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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
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…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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