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Divorce and Immigration
Divorce and Immigration in Chicago
Divorce on its own is already complicated. But a divorce can be more complicated when one spouse’s immigration status is dependent on the other spouse. But divorce doesn’t necessarily equate to automatic deportation. It does, however, mean that you must explore your options. Consult an Illinois immigration attorney to create a plan for securing your status. This is especially crucial if children are involved.Â
How Divorce Can Affect Your Current Immigration Status
While divorce cannot alter or revoke permanent residency status, it will impact non-resident immigration statuses, including:Â
- Dependent Visa – This visa is granted to a spouse who came into the U.S. as part of his or her spouse’s visa. For instance, you were given an H-4 visa, which is dependent on your spouse’s H-1B visa status.Â
- Conditional Residency – This is given to immigrant spouses who have been married to a lawful permanent resident or U.S. citizen for a minimum of two years.Â
Conditional residents are given three years to earn their U.S. citizenship instead of the standard five years. To obtain this shorter residency requirement, conditional residents should prove that they were married in good faith to a permanent resident or U.S. citizen for a minimum of three years. But if they get divorced before the three-year requirement, they’ll need to wait five years to re-apply for citizenship.Â
If you want to gain permanent residency status and your divorce was finalized when you were still a conditional resident, you’ll have to submit Form I-751, a Petition to Remove Conditions on Residence, and a request for waiving the standard requirement for filing Form I-751 with your spouse.Â
But if you have a dependent visa, the USCIS will automatically revoke your immigration status once your divorce has been finalized. On the other hand, in situations where abuse is involved, you can explore your options with an experienced Illinois immigration lawyer, such as obtaining a working permit, so you can stay in the U.S.
How Divorce Can Impact an Application for Permanent Residency
If you’re a conditional resident, you should file a petition prior to your admission into the country’s second anniversary to obtain permanent resident status. Otherwise, when you get divorced, you will automatically lose your immigrant status and may be deported. On the other hand, if you were given a permanent resident status before your divorce, the divorce won’t have any effect on your immigration status.Â
But, non-citizens who get divorced will need to wait for five years to apply for a green card as opposed to the three-year requirement if they were married and are classified as conditional residents. Once non-citizens qualify for green card application, the USCIS will investigate their immigration history, and they will need to prove that their marriages weren’t fraudulent. Otherwise, the USCIS could deny your citizenship and/or start removal proceedings.Â
Consult Our Illinois Immigration Attorneys Today
Getting in touch with an experienced Illinois immigration attorney can help you navigate your divorce and its potential impact on your immigration status. Our Illinois immigration lawyers here at KB&A can help in planning the best possible steps you and your family can take, taking into account your immigration status. Call us or schedule your consultation online today.Â
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Our family is sincerely grateful to attorney Nicole M. Provax from Kriezelman Burton & Associates, LLC for her professionalism, dedication, and support, as she guided us through every step with care and understanding. Thanks to her guidance, our case reached a positive outcome. We truly appreciate everything she has done for our family and highly recommend her and the firm.
I am grateful for the guidance and support we received from Kriezelman Burton & Associates. Attorney Andrea was AMAZING, always helpful, responsive, and kept us updated with every new development(even at late hours). We first reached out to her when someone close to us was detained by ICE while working construction inside a friend’s house. Andrea immediately stressed the importance of filing a habeas corpus petition as soon as possible,…
We are incredibly grateful for the guidance and support we received from Kriezelman Burton & Associates during our family’s Green Card petition process. We had a very complicated case that several other lawyers could not take on, but that was not the case with Kriezelman Burton & Associates. From the beginning, our Attorney Mr. Kevin Raica made us feel heard, supported, and confident that our case was in good hands.…
Highly recommend Attorney Erin Cobb and her entire team. Extremely knowledgeable, compassionate, and urgent to serve and solve any issue.
I would like to express my deepest gratitude to my attorney, Kevin Raica, for his incredible professionalism, dedication, and genuine care🙏🏻 My case was extremely complicated, It felt like everything was lost and there was no way to fix it. But Kevin did the impossible — he managed to reopen my case, restore everything, and lead it to a successful result at the interview. His persistence, deep knowledge, responsibility, and…
I had a great experience working with Matthew Kriezelman and Kamila Lada. They were professional, knowledgeable, and truly cared about my case. They always took the time to answer my questions and kept me informed every step of the way. Their kindness and attention to detail made a stressful process so much easier. I’m very grateful for their help and highly recommend them.
I am writing to appreciate Attorney Erin and Attorney Andrea for making it possible for me to be represented within a short notice. If you both ever read this, I truly want to express my heartfelt gratitude to both of you. Andrea was right by me, and I felt her presence through it all. I cannot speak enough about this firm. I will continue to send people to this firm…
I had the pleasure of working with attorney Khiabett Osuna and Rafael. They were knowledgeable, professional, and genuinely cared about my case from start to finish. They were both very kind and every question I had was answered promptly, and they always made me feel supported and informed. Their attention to detail and compassion made a stressful process so much easier. I’m beyond grateful for their hard work and highly…
I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
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