What happens if you get divorced

Suppose you are not sure of your status. In that case, you may need to contact a skilled immigration lawyer of Valencia Law Group to avoid unnecessary delays, and if necessary, represent you and advocate on your family’s behalf. A reasonable good lawyer help is your part of your right.

Here we share the information, and you know you can get in touch with one of our lawyers, no matter your immigration status.

A person who immigrated to the U.S. based on a marriage that is less than two years old at the time of his/her admission will receive conditional permanent residence status. 

  • What is a conditional permanent residence? 

You’ve at least heard of a U.S. green card — it’s a slang term for the identification card issued for immigrants who granted permanent residence in the United States. But how is conditional permanent residence different?

To attain full permanent residence status, the conditional resident must file a petition with the U.S. Citizenship and Immigration Services (USCIS) before the second anniversary of his/her admission as an immigrant. At that time, if the marriage is still intact, the immigrant spouse will receive a full permanent residence. 

If you sponsored your spouse immigration application and you are divorcing?

If you sponsor your spouse’s immigration application and the marriage is ending, you should promptly withdraw your sponsorship. Through sponsorship, you have assumed the responsibilities of supporting your spouse and his and her dependents. 

  • What Happens When You Divorce a U.S. Citizen before Becoming a U.S. Citizen and If I am sponsor? 

If one of the divorcees is not a United States citizen, that person may face an additional challenge and need to fight for the right to remain in the United States. Generally, when an immigrant marries a U.S. citizen, and the couple resides in the United States, the immigrant spouse is provided with a conditional permanent resident status until the couple has been married for two years.

What is the difference between divorce and separation?

To protect yourself and your immigration status, you must know the difference between divorce and separation. A divorce is when a court legally ends a marriage. Detachment, on the other hand, usually allows a couple to remain legally married but live apart.

Divorce law varies from state to state. Some states, including Maryland, have both “absolute divorce” and “limited divorce.” The other States give spouses different rights under an informal separation than under a formal separation. In some states, a legal separation may become a divorce after a certain amount of time.

 How are immigration applications treated after a divorce?

Divorce or separation may affect your status if your status depends on your spouse’s condition. Your situation may be modified based on your spouse’s current visa or pending application. 

For example, suppose you are married to an H1B visa holder, and your spouse has an approved status application adjustment. In that case, the priority date is still not yet current; divorce or separation may disqualify you as a “dependent.”.In this case, you may not be able to obtain a green card once the priority date becomes current.

If you need to acquire any U.S. visa for yourself or a member of your family, get the legal advice and help you need – from a knowledgeable lawyer in Albuquerque, New Mexico VALENCIA LAW GROUP.

If you want to learn more or check your status situation contact Valencia Law Group immigration lawyers in one of our three offices, New Mexico, immigration in Ventura, or Phoenix, Arizona.

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