Divorce and immigration are complex matters. When they intertwine, it can be hard to know your rights and responsibilities. This unique combination of factors can shape major parts of your future. By working with a New Jersey divorce and immigration lawyer, you gain the support you need to navigate all aspects of these complex laws.
Odunlami Law offers help. As nationwide immigration lawyers who also handle New Jersey divorce and family law, we understand the unique factors that contribute to these decisions and your rights. Before you decide, contact us for a consultation. Call (973) 993-1900 for a consultation. Below are the top 10 questions we receive related to how divorce affects immigration status. Remember that your case may have different circumstances. Reach out to us with questions about your specific situation.
Our Top 10 Divorce and Immigration FAQs
1. What Happens to My Immigration Case If I Get Divorced?
The impact of divorce on an immigrant depends on various factors. Your current immigration status and where you are in the application process are the two most important factors. If your marriage-based application is being processed, your case typically stops because your primary qualifying factor is no longer available.
If you have a conditional green card, given when your marriage is under two years old, a divorce does not always eliminate your rights. You may be able to apply to remove conditions on your residency even after you are divorced.
2. Can I Still Get a Green Card After Divorcing My U.S. Citizen Spouse?
Divorce and green card rules depend on where you are in the process. A divorce may affect a pending marriage-based green card application. If you have other options for obtaining a green card, you may still be able to apply. If marriage is your only path, your case may be canceled.
3. What Happens If We Divorce Before My Green Card Interview?
A divorce may end the basis for your marriage-based application. That means you will need to apply for another form of relief, if available. If you are hoping to get a marriage-based green card, divorce immediately eliminates that qualifying factor.
4. Can I Remove the Conditions on My Two-Year Green Card Without My Spouse?
You may be able to do so by filing a Form I-751 divorce waiver. You will need to prove that the marriage was entered into in good faith. Make sure you meet all qualifications listed on that form. Let your attorney help you navigate those requirements.
5. Will Divorce Cause Me to Lose My Permanent Green Card?
It’s essential to know all immigration consequences of divorce based on your unique situation. When possible, speak to your attorney first. Divorce can often terminate a two-year conditional green card. However, a ten-year permanent resident card differs. Divorce does not cause you to lose your permanent 10-year green card. However, it could change your citizenship timeline.
You can continue to live, work, and travel freely in the country. You may have to wait the standard five years as an individual permanent resident to obtain naturalization.
6. How Does Divorce Affect My Eligibility for U.S. Citizenship
If you are in the United States with a permanent green card and married, you can apply for naturalization within three years of that marriage. However, if you divorce, you must wait the full five years as an individual permanent resident before you can apply for naturalization and become a U.S. citizen.
7. Can My Spouse Cancel My Green Card or Have Me Deported?
This is one of the most common questions in divorce and immigration. A spouse cannot personally revoke a lawful immigration status. That can be a critical factor to consider for immediate needs. However, a spouse can withdraw sponsorship from you if they obtained it, or they can report alleged fraud against you. This could affect a pending immigration case.
8. Does the Form I-864 Affidavit of Support End After Divorce?
In most situations, the Form I-864 Affidavit of Support does not terminate the sponsor’s federal financial obligations. Divorce is a state-level and state-based law. The Affidavit of Support is a federal law. It creates a contract between the financial sponsor (your spouse) and the federal government. Divorce cannot simply terminate it.
9. What Protections Are Available If My Spouse Abused or Threatened Me?
You have potential protections under the Violence Against Women Act. This includes self-petitions available to qualifying spouses of any gender. We encourage you to speak with our immigration divorce lawyer.
10. Why Should I Speak with Both an Immigration Lawyer and a Divorce Lawyer?
“Having an attorney that understands both divorce under New Jersey law and immigration requirements is critical to ensuring your rights remain protected throughout this process. As a divorce attorney, we see mistakes made in the divorce process when clients don’t understand federal immigration law that could impact their divorce proceedings, assets, and future in the U.S.,” says Immigration and Family Law Attorney Ifeoma Odunlami.
Decisions involving divorce timing, support, custody, and evidence, as well as settlement terms, all impact your immigration issues. Our ability to handle all aspects of these cases makes our team the ideal choice.
Request a Consultation with Our Divorce and Immigration Lawyers
Let Odunlami Law Firm guide you in making the best decisions. We can help with your conditional green card divorce, permanent green card, or other status issues that may affect your future in the U.S. Call us at (973) 993-1900.
FAQs: Divorce and Immigration
Are there attorneys who handle both immigration and divorce cases?
Yes. Some law firms handle both immigration and divorce matters, which can be especially helpful when a divorce may affect a person’s immigration status, green card, pending application, or financial sponsorship obligations.
At Odunlami Law, we understand how immigration and family law issues can intersect. We provide immigration representation in all 50 states and handle select divorce and family law matters throughout New Jersey. This allows us to consider both the family law and immigration consequences when helping New Jersey clients whose cases involve both areas of law.
For example, legal guidance may be particularly important when a divorce involves a marriage-based green card, conditional permanent residence, a pending immigration petition, Form I-864 Affidavit of Support, or questions about whether a foreign divorce is legally recognized in the United States.
Should I talk to an immigration lawyer before filing for divorce?
Yes. If your immigration status is connected to your marriage, it is often wise to speak with an immigration lawyer before filing for divorce. The timing and outcome of a divorce may affect a marriage-based green card application, conditional permanent residence, a pending immigration petition, or other immigration matters.
At Odunlami Law, we handle immigration matters in all 50 states and select divorce and family law matters throughout New Jersey. For New Jersey clients facing both immigration and divorce issues, working with a firm that understands how these areas of law intersect can help identify potential immigration consequences before you make important decisions.
Does divorce affect my immigration status?
Yes, divorce can affect your immigration status, but the impact depends on your specific situation. Important factors include whether you have a pending marriage-based immigration application, a two-year conditional green card, a 10-year green card, or are preparing to apply for U.S. citizenship.
For example, divorce may change how a pending marriage-based green card case proceeds or require a conditional permanent resident to request a waiver when filing Form I-751 to remove conditions on residence. In other situations, divorce may not end your lawful permanent resident status but could affect the timing or eligibility requirements for naturalization.
At Odunlami Law, we provide immigration representation in all 50 states and select divorce and family law services throughout New Jersey. If immigration and divorce are both involved, getting legal advice early can help you understand how decisions in one case may affect the other.
