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It can be daunting to navigate the complexities of U.S. immigration law. If you married a United States citizen, you are eligible to apply for a green card through your spouse. Whether you have only just applied or have already received a 10-year green card, getting divorced can impact your immigration status. It is important to understand the implications that divorce has on your permanent residency. A green card immigration lawyer in NYC can offer skillful advice and legal counsel during this process. Reach out to an experienced attorney to set up your consultation today.
When a marriage is the basis for your residency in the United States, the government must determine the legitimacy of your marriage. As such, there are a considerable number of steps involved in this process.
There are several steps involved in obtaining a green card through marriage. Consider the following steps.
Once you understand how marriage-based residency works, the next concern many people have is how a divorce will impact their status in the United States. The way in which your divorce will impact your residency status depends on when you get divorced in relation to when you are to receive your green card.
If you get divorced early on in your immigration journey, it can derail the process. If your relationship ends after your spouse applies for a green card on your behalf but before the USCIS (United States Citizenship and Immigration Services) approves the petition, you will not be able to obtain a green card. Because you were only eligible through your spouse, you no longer qualify, and your case will be rejected.
If you were issued a conditional green card, meaning that you have been married for less than 2 years, you must remain married to your sponsoring spouse for at least that time. This is because you need to file Form I-751 with your spouse to remove the conditions of your green card. However, you may be able to apply for a waiver if you can prove the legitimacy of your marriage. If you do not qualify for a waiver, you may be unable to remain in the United States after your two-year green card expires.
If you have been married long enough that you applied for and received a 10-year green card, the divorce will not typically affect your status. With that being said, it is important to note that unless you become a naturalized U.S. citizen, the USCIS is within its rights to review your case file at any time to determine whether or not your marriage was legitimate.
In the event you received a marriage-based green card before getting divorced in New York City, you may wonder if it’s possible to sponsor a new spouse as a permanent, lawful resident.
In the event that you received your green card through a prior marriage and want to sponsor a new spouse within five years, USCIS may require you to prove that the old marriage was legitimate. This is because it may appear as though your old marriage was simply a means to obtain a green card to then sponsor your new spouse.
Proving that a prior marriage was genuine requires clear and convincing evidence, which is a high and tedious legal standard.
It’s typically recommended that you wait at least five years before attempting to sponsor a new spouse following a divorce. This can help avoid scrutiny, and the evidence required to prove your marriage was legitimate may be more lax.
To meet the government’s standards, collecting the right documentation is critical. If the legitimacy of your marriage is called into question, understanding the evidence you can collect to help prove the genuine nature of your relationship is vital. As such, you should gather copies of the following:
If you are in the process of receiving a green card through your spouse or have already obtained one, getting divorced could alter your immigration status. That is why it’s in your best interest to connect with the experienced team at the Law Offices of Cheryl R. David. Our team understands how complex these matters can be to navigate, which is why we will do everything in our power to help you navigate these difficult times. When you need help, contact our experienced NYC immigration lawyer to ensure your rights are protected and discover your legal options.
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