Divorce and Immigration: Safeguarding Your Journey

by: Attorney Noyes

8/5/20232 min read

woman in white shirt holding pen writing on white paper
woman in white shirt holding pen writing on white paper

Are you facing a potential divorce while on the path to obtaining permanent residency through marriage to a U.S. citizen? Understand the legal implications and safeguard your immigration status.

Decoding the Impact of Divorce

If divorce looms over your marriage during the immigration process, questions like "How will divorce affect my immigration status?" and "What about proof of marriage for immigration?" may arise. In this guide, we shed light on the impact of divorce and steps to shield your immigration journey.

Divorce Before Permanent Residency

The consequences of divorce vary based on the stage of your immigration process. If divorce occurs before securing permanent residency, it can significantly affect your immigration status and future in the United States.

Don't jeopardize your future in the U.S.! When facing a divorce amid immigration proceedings, making informed choices is crucial. Noyes & Associates is here to navigate this complex terrain and safeguard your immigration rights.

Exploring Scenarios

Divorce scenarios include:

• Pre-permanent residency application
• After receiving Conditional Green Card
• After Green Card conditions removal

Divorcing before obtaining conditional residency halts the immigration process. This can lead to ineligibility for a green card, potentially resulting in deportation.

Post-permanent residency divorce poses a lower deportation risk, but legal repercussions may persist, impacting your immigration status.

Mitigating Consequences:

Certain exceptions enable appealing deportation and pursuing permanent residency post-divorce. An experienced immigration attorney can help:

• Prove a good faith marriage terminated due to circumstances beyond your control.
• Establish extreme hardship upon deportation.
• Document instances of extreme cruelty or abuse.

Protecting Dependent Family Members

Divorce can affect family members dependent on your immigration journey. Divorce may influence their permanent residency applications if a U.S. citizen sponsors a foreign spouse and unmarried children. Visa applications for sponsored relatives could also encounter challenges.

Empower Your Immigration Future

Ensure your immigration process remains intact amidst a divorce. Seek guidance from a trusted immigration attorney to secure your permanent residency and safeguard your family's immigration aspirations.

Restoring Stability

Divorcing post-permanent residency rarely affects your status. However, a quick divorce post-permanent residency might raise suspicion of marriage fraud. Consult an immigration attorney for seamless navigation.

Preserving Citizenship Ambitions

Divorce may impact your path to U.S. citizenship. USCIS scrutinizes your immigration history during the citizenship application. Adequate documentation of the marriage's authenticity is crucial:

• Co-habitation proof
• Parenting evidence
• Financial co-mingling
• Affidavits and testimonials

Your Citizenship Journey

Consult an immigration attorney when applying for U.S. citizenship after divorce. Proper documentation can substantiate your genuine marriage.

Partner with an Expert

Navigating divorce within immigration proceedings demands expertise. An immigration attorney can guide you through applications, hearings, and potential barriers, securing your immigration goals.

At Noyes & Associates, we're committed to your immigration success. Contact us for a smooth transition through divorce and a seamless journey to permanent residency. Your peace of mind matters to us.