Divorce can be a challenging and emotional experience, and it can also affect your immigration status. Understanding the potential outcomes and steps you need to take can help you navigate this difficult time.
4 potential outcomes of your immigration status
Although it may seem overwhelming, knowing the possible outcomes can bring you some peace of mind. After finalizing the divorce, your immigration status may change depending on your current visa or residency type. Here are some potential scenarios:
- Conditional green card: If you hold a conditional green card through marriage, you must file Form I-751 to remove conditions. Divorce may complicate this process, requiring you to prove your marriage was genuine.
- Permanent green card: If you already have a permanent green card, your status usually remains unaffected by divorce. However, it may impact your naturalization process.
- Dependent visa: If you are on a dependent visa (like H-4 or L-2), divorce may result in losing your visa status. You might need to secure an independent visa.
- Fiancé(e) Visa: If you entered the U.S. on a K-1 visa and divorced before obtaining a green card, you may face removal proceedings.
To remain in the U.S. after a divorce, you must take specific steps based on your situation. If you are a victim of domestic violence, consider filing a VAWA self-petition to protect your status. Additionally, explore alternative visa options that may allow you to stay in the country independently.
Protecting your immigration status
Divorce can significantly impact your immigration status, but understanding your options and taking proactive steps can help you stay in the country. You may want to seek help from a legal professional who can guide you through the process and defend your case. With the proper legal counsel, you can increase your chances of securing the correct visa to stay in the U.S. and protecting your immigration status.
