Depending on your situation, there is a chance that a divorce can cause
you to lose your immigration status. For instance, if you became a lawful
permanent resident (LPR), or a “green card” holder, as a result
of your marriage to a U.S. citizen, a divorce could cause a problem for
your LPR status. When you become an LPR prior to the second anniversary
of marriage to a U.S. citizen, you are granted only conditional permanent
residency. This conditional status remains for two years, in order to
ensure that you maintain a bona fide relationship and marriage for at
least two years. Ninety days prior to your second wedding anniversary,
you and your spouse normally must file a joint petition to remove the
condition from your LPR status. If you divorce prior to that date, you
cannot file a joint petition to remove the condition. There are some circumstances,
however, by which you still can remain in the U.S. One of the most common
ways for an individual with conditional LPR status to remain in the U.S.
is to request a waiver of the joint filing requirement to remove the condition
from your LPR status. In doing so, you must be able to state that although
you married in good faith, the marriage failed through no fault of your
own. In this situation, you will have to provide evidence that you had
a bona fide relationship with your former spouse both prior to and following
the marriage that was not solely for immigration purposes. If you cannot
provide this evidence, then you risk having your LPR status revoked, which
means that you will not be able to remain in the U.S. If, however, you
become an LPR and remain married to your spouse for at least two years
and nine months, you can apply for naturalization. However, if you divorce
before your naturalization process is complete, then you must wait an
additional two years before you can become a citizen. Therefore, assuming
you meet all other requirements, you can apply for citizenship four years
and nine months after you receive LPR status. In this case, you still
may have to provide evidence to U.S. Citizenship and Immigration Services
(USCIS) that your marriage was bona fide. These are just a few of the
rules that affect non-citizens who divorce in the U.S. at various times.
There also are other situations where a person’s immigration status
may be put at risk due to a divorce, such as if both spouses are non-citizens
at the time of their divorce. As a result, it is essential that you get
advice from an experienced immigration attorney if you are facing the
prospect of divorce and you are a non-citizen. At
Landerholm Immigration, A.P.C., we have represented the interests of countless clients who are facing
deportation proceedings, but who wish to remain with their families in
the United States. Fortunately, there are many remedies that may be available
if you are facing deportation charges. We will aggressively investigate
the facts and circumstances surrounding your case, and help you settle
upon the option that is best calculated to allow you and your family to
live where you choose. Contact our experienced deportation defense attorneys
today, and learn how we can help.
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