If you or your spouse have applied for permanent residency based on marriage to an American citizen, but divorce before your visa is granted, in most cases you will no longer be eligible for a green card. If you have divorced after filing the petition, you must contact the BCIS and alert them to your new status. What if Iżm a Victim of Spousal Abuse?
If you are married to an American citizen and are applying for a permanent resident visa, but must leave your spouse due to domestic abuse, you will still be eligible for a visa, but will need to file a special self- petition (instead of joint petition) to apply. You should consider contacting an immigration lawyer, who can help you through the application process. Am I Eligible for a Waiver?
If you have obtained conditional permanent residence through marriage to a U.S. citizen, but are unable to file for an adjustment of status to permanent residency because you now divorced, you may be eligible for a waiver of the joint petition requirement. To be eligible you must have married for love and not to obtain a certain immigration status. You may also request a waiver if you have been abused by your spouse. |
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