Trusted Immigration Attorney
Immigration
More than 400,000 citizens of the United States marry somebody born in a foreign country and petition for them to receive permanent residence in the U.S. every single year. U.S. citizens’ spouses are classified as immediate relatives under immigration laws and are exempted from numerical limitations.
Many people living in New Jersey are immigrants from elsewhere and your spouse maybe one. When you are contemplating divorce, you have to think about the complex intersection of immigration and divorce issues. New Jersey courts will typically view an immigrant spouse or his or her children sympathetically unless there are clear issues of fraud involved.
A clear issue of immigration in divorce cases is that a person who immigrates to the United States based on a marriage that is less than two years old at the time of his or her admission to the country will get conditional permanent resident status. This status lasts for two years.
Prior to the second anniversary of his or her admission to the country as an immigrant, the conditional resident has to file a petition with the INS. If the marriage is still intact, then the spouse receives permanent residence. However, if the marriage is dissolved, then the immigrant spouse loses his or her protections and becomes deportable.
A person who has received their permanent residence based on a relationship with a U.S. citizen’s spouse or an alien parent U.S. citizen’s spouse, are given conditional permanent residence if the qualifying marriage occurred within the two years before the date of the permanent residence was conferred. This means that the permanent residence can be subjected to termination if it is found that the marriage was based on fraud.
This conditional permanent residence can be terminated within two years from the date that it was granted if the marriage has been terminated through divorce. Consulting with a dedicated Hackensack immigration and divorce attorney helps to illuminate you about the key issues involved in your case and the next steps you need to take to protect yourself.
Frequently Asked Questions About Immigration and Divorce
Can divorce affect my immigration status?
Divorce can affect immigration status in some circumstances, particularly if your permanent residence was obtained through marriage and you have conditional permanent resident status. The specific effect depends on your immigration status and circumstances.
What is conditional permanent residence?
Conditional permanent residence is generally granted to certain spouses who obtained permanent resident status based on a marriage that was less than two years old when permanent residence was granted. Conditional residence typically lasts for two years.
Can I remove the conditions on my green card if I get divorced?
A divorce does not automatically mean that you cannot seek removal of the conditions on your permanent residence. Certain waivers may be available depending on the circumstances. An attorney can evaluate your situation and explain your options.
Will getting divorced make me deportable?
Divorce does not automatically make every immigrant spouse deportable. The potential immigration consequences depend on the person’s immigration status, how permanent residence was obtained, and other individual circumstances.
What happens to my immigration status if my marriage ends?
The effect of a divorce depends on your immigration status and the basis on which you obtained that status. Someone with conditional permanent residence may face different requirements than someone who already has unconditional permanent residence or another immigration status.
Can I get a divorce if my immigration case is still pending?
In some circumstances, a person can proceed with a divorce while an immigration matter is pending. However, the divorce may affect the immigration application or petition, so it is important to understand the potential consequences before proceeding.
Can immigration issues affect my divorce case?
Immigration circumstances can create additional considerations in a divorce, particularly when one spouse’s immigration status is connected to the marriage. These issues may require coordination between family law and immigration considerations.
Should I speak with an attorney before filing for divorce?
If your immigration status is connected to your marriage, speaking with an attorney before taking action can help you understand potential consequences and identify steps that may protect your legal interests.
