Marriage to U.S. citizens or permanent residents may be used by aliens to obtain U.S. immigration benefits. Termination of the marriage by divorce or annulment may repeal the pending immigration petition of the alien, if the benefit was obtained through marriage to a U.S. citizen or permanent resident. Divorce may adversely affect a pending immigration petition in three different scenarios. These are: - Divorce prior to conferral of permanent residence
- Divorce after receipt of a conditional green card
- Divorce after receipt of an unconditional green card
How Does Divorce affect an Alien who Does Not Have Permanent Residence Privileges?
If sponsored by a spouse, who is a U.S. citizen or permanent resident, an alien may obtain permanent resident status through the use of a petition naming the alien as a direct beneficiary. Marriage is the tool by which this is done. However, if the marriage is terminated through divorce or annulment before permanent residence is granted, then the alien will not be eligible for permanent resident status by this affiliation. How Does Divorce affect an Alien who Has a Conditional Green Card?
When an alien is granted a conditional green card, his permanent residence privileges may be revoked if he is divorced within two years from the date this status was granted. However, the alien may escape this revocation by showing that the marriage was entered into in good faith. Ways of showing that a marriage was entered into good faith can include: - showing evidence that the couple had a child together
- showing evidence that the couple owned property jointly
How Does Divorce affect an Alien who Has an Unconditional Green Card?
Divorce or annulment does not negatively affect an alien’s immigration status if he had received a green card. However, divorce may extend the time it takes for him to obtain citizenship. If a permanent resident is married to a U.S. citizen, he has a three year residency requirement for U.S. citizenship as opposed to a five year residency requirement. Should I Consult an Immigration Lawyer for my Immigration Issue?
Divorce can be a difficult time, and not knowing how it affects your citizenship status can make it even more difficult. An immigration attorney is familiar with all these procedures and will help your immigration process move smoothly. Additionally, an immigration attorney can help you determine whether you would be eligible for a green card under a preference category. |
