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
Meet The Attorneys
What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
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…
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
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
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