Can Your Right to Remain in the United States Be Threatened?
Life has its ups and downs. You found someone you love and you came to the United States to start a new life. You were able to become a lawful permanent resident in America because of your marriage to an American citizen. Unfortunately, the marriage has not worked and the best solution for everyone is a divorce. Will that affect your immigration status? Could you potentially lose the right to remain in the United States?
The Effect of Divorce on Your Immigration Status
There are a number of factors that come into play when determining the potential impact of a divorce on your immigration status:
- Where your are in the immigration process
- The type of immigration benefit you received
- Your spouse’s status at the time of the divorce
The Impact If You Are Seeking or Have Obtained a Green Card
As a general rule, if you have been approved for a green card, giving you lawful permanent residence in the United States, a divorce should have no impact on your status. Provided you were still married when you applied for the green card and when it was approved, you should be able to maintain your immigration status. However, if the United States Citizenship and Immigration Services has evidence that your marriage was fraudulent, you may lose permanent residency status and may even face removal or deportation proceedings.
If you have a conditional green card, immigrating to the United States within 2 years of your marriage to a U.S. citizen or lawful permanent resident, you may lose that conditional status if your marriage ends. The conditional status, limited to two years, is based on marriage. You must, accordingly, prove that you are still married at the end of the two-year period. The petition to prove this must be filed jointly by you and your spouse. If you are no longer married, it may become problematic.
If, at the end of the two-year period, you are not married, you can expect that USCIS will evaluate whether your marriage was authentic. This requires evidence to support the finding that your marriage was in good faith. Such evidence may include:
- Lease or mortgage documents that support cohabitation
- Joint financial accounts, including bank, insurance, credit card and investment documents
The Impact If You Are in the United States on a Dependent Visa
If you are living in America under a dependent visa, as the spouse of someone with an employment or family-based visa, a divorce will terminate your status as a dependent and may put you at risk of losing your current immigration status. There are limited exceptions where you may be able to stay in the country, such as where there is documented evidence of abuse by your spouse, but, in most instances, you will either be asked to leave the United States or obtain a different visa, one not based on your spouse’s status.
Contact the Knowledgeable Immigration Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have protected the rights of people across Texas for more than four decades, including clients who have questions or concerns about immigration. We have a comprehensive knowledge and understanding of the laws and processes governing family-based visas, green cards, lawful permanent residency and related matters. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
