Talk To A Chicago Immigration Attorney
312-332-2550
How Can Divorce Affect Immigration Status in the U.S.?
Looking for A Specific Post? Search Below
Navigating the intricacies of the immigration process can be daunting, more so when dealing with personal matters like divorce. One question that often arises is how divorce can affect the immigration status of a foreign national in the U.S. This blog delves into this topic and provides some insights.
Introduction to Immigration Status and Divorce
Immigration status refers to the legal standing of a foreign individual in a country. It determines their rights and privileges, including the right to live, work, and study. One common path to obtaining immigration status in the U.S. is through marriage to a citizen or a lawful permanent resident. However, when a divorce occurs, it can potentially jeopardize an individual’s ability to maintain their immigration status.
Effect of Divorce on Conditional Residency
Conditional residency is granted to individuals who have been married for less than two years at the time of obtaining a green card. The condition is essentially a two-year trial period to ensure the marriage is not fraudulent. If a divorce occurs before the end of this conditional period, it could cast doubt on the legitimacy of the marriage.
In such instances, it becomes crucial to remove conditions from the green card. This usually involves filing a petition with the U.S. Citizenship and Immigration Services (USCIS) demonstrating that the marriage was entered into in good faith. Engaging an experienced immigration lawyer can be immensely beneficial in navigating this process.
Effect of Divorce on Permanent Residency
For those who have already obtained permanent residency status through marriage, a divorce does not automatically revoke their status. However, if the divorce raises suspicions of marriage fraud, USCIS may initiate a re-examination of the case to determine the legitimacy of the marriage. It is essential to have appropriate legal representation during such proceedings to protect one’s rights.
Immigration Fraud and Divorce
Committing fraud in marriage-based immigration, such as entering into a fraudulent marriage solely to obtain a green card, can lead to severe legal consequences. If an individual is undergoing divorce proceedings while being investigated for immigration fraud, it can complicate matters further and potentially lead to the revocation of immigration benefits.
Considerations for Those Going Through a Divorce
Given these complexities, individuals going through a divorce should consider the following:
- Engage an experienced immigration lawyer to understand the potential impact of divorce on immigration status and explore available options.
- Provide necessary documentation and evidence to prove the legitimacy of the marriage and the good faith intention behind it.
- Consult with an attorney well-versed in both immigration and divorce law to ensure that divorce proceedings do not negatively affect the immigration case.
- Act promptly and avoid delays in seeking legal counsel to preserve the best chance of maintaining immigration status.
Contact Our Experienced Immigration Lawyers
While divorce can potentially affect immigration status, knowing your rights, understanding the process, and seeking timely legal advice can help mitigate the impact. At Kriezelman Burton & Associates, LLC, we are dedicated to providing professional legal representation in all areas of immigration and nationality law. Our attorneys are well-versed in the field and can assist individuals and businesses with their immigration needs. Contact us today to schedule a confidential consultation.
What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
The attorney is an excellent person and very professional. I am very grateful to the entire team—they are attentive to everything, and I consider her the best in all of the U.S. Thank you once again for everything.
Mr. Burton helped my mother with her case. He was always polite, clear, and always answered my questions in a professional and diligent manner. Our case ran smoothly, and we never ran into any issues. I also want to greatly thank the paralegal that also managed my case, Stephanie Nunez, she was always willing and very helpful with my mother, a genuinely good person. I will forever recommend Justin and…
I would like to express my deepest gratitude to Mr. Justin Burton! He is an outstanding specialist in his field and an attorney who quite literally changed our family’s life. Mr. Burton demonstrated a highly professional approach and exceptional dedication to our case. He stands out for his extensive knowledge of immigration law and, beyond that, is a person of great integrity. I can wholeheartedly recommend Mr. Justin Burton and…
I would like to start this review with a big thank you for the immigration lawyer, Nicole Provax, who has done a successful and amazing work on my dad’s case! She was dedicated in walking us through the whole process, keeping excellent communication with us, and despite the little hurdles that came up along the way, she was able to get the case to continue progressing! I’m forever grateful of…
I had the pleasure of having Brittni Rivera as our attorney working on our immigration green card process for my Husband and I .... from beginning to the end.. the best most professional guidance you could ask for. I highly recommend her ... and Donald Rogers too.. thanks again for all your help.
We had the pleasure of having Justin Burton on my parents case. From the moment we reached out, his staff was incredibly welcoming and took the time to really listen to our concerns. We never felt rushed or like just another case, Justin made sure we understood every step of the process and answered all our questions with patience and clarity. What really impressed us was how Justin and staff…
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 2025 All Rights Reserved | Accessibility Notice | privacy policy