Under the United States laws for immigration, divorce can change someone’s immigration status and eligibility to apply for different visas.
However, it depends on the person’s specific situation.
For example, someone applying for a Green Card after marrying a United States citizen may be ineligible for a marriage-based Green Card if they get divorced before their application is accepted. However, asylum seekers who got divorced because they were ending a forced or abusive marriage may not lose their ability to get a visa on this basis.
Getachew & Ansari Immigration Attorneys, P.C., provides empowering and practical solutions to immigrants who are navigating different aspects of the United States immigration system. We understand how important it is for immigrants to have updated and timely information. We help them by explaining how significant life changes like divorce can impact their immigration status.
Will a Divorce Affect My Immigration Status?
Getting a divorce may affect your immigration status; however, it depends on your unique circumstances. For example, if you qualify for a Green Card because you married a United States citizen, you might have to wait five years instead of three to complete the naturalization process. However, if you already filed your naturalization petition or completed the naturalization process, the divorce may not have any effect on your Green Card or citizenship status.
Divorce and Your Eligibility for Naturalization
If you have a marriage-based Green Card—meaning you have a Green Card because you are married to a United States citizen—you may be eligible to naturalize and become a full United States citizen. If you are still married to a U.S. citizen, you may have to wait three years from your Green Card’s effective date to qualify for naturalization. However, if your marriage ends due to divorce, you may have to wait five years for eligibility.
U.S. immigration agents may also talk to you to confirm that your marriage was legitimate and not to get a Green Card. Additionally, the government may want to understand the reasons for the divorce. If the marriage was forced, you were subject to abuse or extreme cruelty, or other human rights violations existed in the union, you may still be able to get or keep your visa or Green Card using other processes.
VAWA Protection and Divorce
Someone who is in an abusive marriage with a United States citizen may be able to file a self-petition to seek a Green Card under the Violence Against Women Act (VAWA). Ordinarily, being in a valid marriage with a United States citizen would be one of the requirements for the person to be eligible to file a self-petition instead of having a sponsor. However, the person may still be able to file a VAWA self-petition after getting a divorce if they can prove they ended the marriage because the U.S. citizen spouse was abusive.
Does Ending a Forced Marriage Impact Your Immigration Status?
The United States supports people who are forced to enter marriages with people without their consent. This includes people who marry a United States citizen because the U.S. citizen threatened, abused, or tricked them into doing so. If you get a divorce because your marriage was not voluntary, you may still qualify for asylum.
Additionally, you may not lose your immigration status, such as your Green Card, because you terminated a forced marriage. However, the United States government will likely want to understand the circumstances of the divorce and the marriage to see if it meets the requirements of a forced marriage.
What Happens If You Get a Divorce During the Green Card Process?
If you get a divorce during the Green Card process, you may have to submit a new application, wait longer for yours to be accepted, or take another action. If you were applying for a Green Card because you were married to a United States citizen, getting a divorce may change your eligibility for the Green Card or naturalization.
For example, if the U.S. government determines that your original marriage was to gain a Green Card, you may not be able to get or keep your Green Card on this basis. If you already have your Green Card or took the Oath of Allegiance, the divorce may not have any impact on your citizenship or Green Card.
Legal Options in Immigration Divorce Cases
If you are getting a divorce or have already ended your marriage, you may want to reach out to an attorney to understand how this can impact your immigration status. They can help you identify what type of visa or Green Card you can get even if you are no longer married to a United States citizen. For example, they can assist you with applying for asylum or using the VAWA rules to file a self-petition.
Can You Still Get a Green Card If You Get a Divorce?
You may still qualify for a Green Card if you get a divorce; however, it may depend on the type of Green Card you seek. For example, you may still be eligible to obtain an asylum-based Green Card or visa even if you get a divorce. However, if your marriage ends before you complete the marriage-based Green Card application process, you may not be able to get this type of card.
Contact an Experienced Green Card Immigration Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
Understanding immigration divorce rules can help you know what to expect and what to do to protect your rights if you end your marriage to a United States citizen. Depending on where you are in the application or approval process, legally ending your marriage may delay when you can become naturalized or change your eligibility for a Green Card. However, there are exceptions to this, such as if your marriage was unrelated to your visa or lawful permanent resident status.
The knowledgeable staff at Getachew & Ansari Immigration Attorneys, P.C., is here to guide you by helping you understand how getting a divorce may impact your immigration status. We can also assist you with applying for a different type of visa, such as one based on an asylum claim, if you ended a forced marriage, were abused by your spouse, or qualify for asylum for other reasons. Reach out to our law firm today by calling 408-292-7995 to schedule a consultation to discuss your immigration matters.
