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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Exceptional Legal Representation I want to sincerely thank Kevin Raica for handling my case so efficiently. From our very first meeting, he demonstrated confidence and a clear plan for moving forward, which put us at ease right away. He kept the process moving and resolved our case in a timely manner. His professionalism and dedication made a stressful situation much easier to navigate. I have already recommended his services to…
Kriezelman Burton & Associate are Excellent immigration law firm that understands and guide one through any immigration cases. Attorney Khiabett is one of their best attorneys you can trust, she understands, patient, attentive, and gives honest advice about any immigration case her client has. I HIGHLY recommend the law firm to anyone having immigration concerns. Thank you for all you do.
Outstanding experience and successful Green Card approval with Kriezelman Burton & Associates, LLC! The immigration process can often be stressful and overwhelming, but working with Kriezelman Burton & Associates, LLC in Chicago made the entire journey smooth, transparent, and successful from start to finish. I want to express my deepest gratitude to Justin Burton for his exceptional professionalism, strategic guidance, and confidence from day one. Knowing my case was in…
Great lawyer, helped us to get a green card in few months, so thanks a lot. Recommended
Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
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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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