Law Office of Schachter, P.C.
Free Initial Consultation
Email Call: 888-337-2679

Does my divorce affect my immigration status?

Divorce can affect an immigrant's legal status in this country, leaving him or her to wonder what will happen once the marriage is ended. The way in which each case is handled depends on the individual's immigration status. The good news is that you may be able to stay in the U.S. even if you get divorced.

Conditional Resident

A person has conditional resident status if he or she uses a spouse's status as a permanent resident or naturalized U.S. citizen to enter the country. Conditional residence is good for two years. Filing a Petition to Remove Conditions on Residence (Form I-751) within the last 90 days of your conditional residence along with a waiver of the joint filing requirement may allow you to continue to stay in the U.S.

Temporary Resident

If you come to the U.S. with a spouse who has a temporary visa, such as an H1B work visa, and you divorce before he or she has an approved adjustment of status, you may no longer be considered a dependent. As a result, you may be unable to obtain a green card and most likely will have to leave the country.

Green Card Holder/Permanent Resident

If you are a permanent resident or holder of a green card at the time of your divorce, the divorce should have no impact on your status. You may, however, have to wait five years rather than three years to apply for naturalization.

Talk To An Attorney

Immigration issues are best handled by an experienced immigration lawyer. If your issues include divorce, it is in your best interest to speak with an attorney who also handles family law and can address both concerns.

No Comments

Leave a comment
Comment Information

How Can We Help You?

Call us today Toll free: 888-337-2679

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

37-06 77th Street
(Corner of 37th Ave)
Jackson Heights, NY 11372

Toll Free: 888-337-2679
Fax: 718-429-1151
Map & Directions

Review Us

NYC Office By Appointment Only