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What You Need to Know About Divorce and Immigration



Divorce is complicated. It's even more complicated if you are a non-U.S. citizen who married a U.S. citizen or permanent resident, then your immigration status may be jeopardized if you get a divorce.

If your immigrant benefits and rights are important to you, it's critical to hire a divorce lawyer with experience representing immigrant clients.

U.S. Immigrant Rights & Divorce

Not every divorce can lead to deportation or voluntary removal.

Permanent Residence Status Pending: If you applied for permanent resident status before filing for divorce, your green card application will still be considered if you can prove your marriage was valid. Your divorce and immigration attorney can help you apply for a waiver of termination.

Conditional Permanent Residence Status: If you were granted conditional permanent residence before filing for divorce, then you and your lawyer will have to file a Petition to Remove the Conditions of Residence (Form I-751). You will also have to demonstrate that your marriage was legitimate.

Unconditional Permanent Residence Status: If you've already obtained unconditional permanent resident status, then you cannot lose your green card because of a divorce. Depending on when your marriage ended, you may have to wait several years before you can apply for U.S. citizenship.

Visit LawyerLocator for more information about divorce law, or to locate a divorce attorney or immigration attorney in your area.