How a Divorce Can Impact Your Non-Resident Immigration Status
Looking for A Specific Post? Search Below
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.
What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
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…
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!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
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…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Schedule A Consultation!
Libertyville
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy