Making the decision to file for divorce can be incredibly difficult, as this is not only an emotional process, but a complex legal and financial matter as well. However, if you are also navigating the immigration process, understanding the impact that filing for divorce can have on your case is critical. The following blog explores some of the most common scenarios in which a divorce could impact the outcome of your immigration case, as well as the importance of working with a Somerset County divorce attorney to help you understand your legal options and help you fight for the best possible outcome for your case.
What Happens to My Immigration Status if I Divorce My Citizen Spouse?
It’s important to understand that the impact of filing for divorce during the immigration process will vary based on the type of case you have filed. As such, conditional permanent residents, meaning those with two-year green cards, may find it difficult to retain their benefits as the United States Citizenship and Immigration Services (USCIS) may scrutinize these cases more heavily, as these cases are most common for marriage fraud.
In the event you file for divorce while your green card application is pending, the petition may be automatically revoked as a result of the divorce. However, if you are eligible for a VAWA petition (for victims of abuse), a U visa (for victims of qualifying crimes), family-based immigration, or a work visa, you may be able to change the basis of your petition to remain in the country and seek a green card.
Will I Be Able to Remove the Conditions from My Green Card?
As mentioned, seeking the removal of conditions from a two-year green card when you divorce a United States citizen spouse can be incredibly difficult. Because many use marriage as a means to seek a green card before filing for divorce, USCIS will need to ensure the legitimacy of the marriage when determining whether or not to remove the green card conditions.
Regardless, you can self-petition for the removal of these conditions on your green card by filing Form I-751 with a divorce waiver. You’ll need to prove, however, that your marriage was in good faith and not simply a means to a green card. However, working with an experienced attorney can help you gather important evidence to show the marriage was not fraudulent.
What Should I Do if My Case Is Pending, But I Want to File for Divorce?
If your immigration case is pending but you wish to file for divorce, it’s critical to understand how to proceed. In general, you should begin gathering important evidence to help show that your marriage is legitimate, like important documentation, as well as evidence like photos and texts between you and your spouse. You should then immediately connect with an experienced attorney to help you fight for the best possible outcome.
Unfortunately, depending on your circumstances, you may be accused of marriage fraud by the United States Citizenship and Immigration Services (USCIS). As such, documentation like shared expenses or combined bank accounts can show that your marriage was in good faith. Regardless, working with a lawyer is critical to help you fight to protect your status in the country.
At the Siragusa Law Firm, we understand how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best outcome for these complicated circumstances. If you are considering divorce during the immigration process, do not hesitate to contact our firm today to learn how we can represent you during these complex matters.