The decision to divorce your spouse, in the case of if they are the one who applied for your visa to stay in the United States, may affect your lawful stay in the country. How Divorce Can Affect Your Immigration Status The experts at Springfield family lawyers will provide you with all the best case scenarios and the results of your divorce proceedings.
Divorcing your spouse who your status depends on is like cutting off the hand that feeds you, and if you aren’t careful, you will be deported faster than you can say, How Divorce Can Affect Your Immigration Status Jack Robinson. It is paramount to consult with a good lawyer first before heading in that direction. The divorce lawyers understand the emotional struggles of divorce proceedings as well as the results of divorcing your visa sponsor and can guide you in the right direction.
Effect of a Divorce
Your Immigration status can be affected because of divorce proceedings. You will need to hire the best lawyer possible in case you can’t stop the divorce proceedings or avoid moving in that direction. If you are a conditional citizen, you must be very keen to avoid being deported after all the legal proceedings. There are loopholes in this situation of course, especially if you already had a permanent visa before marrying your spouse.
However, if you didn’t have a permanent visa, you will need to prove that you did not marry your spouse just to acquire permanent residence in the United States. This can be easily proved if you have joint bank accounts, or you had a legitimate marriage life with family insurance cards and mortgages. All this will still bring on legal complications, and you’ll require an expert legal team to help you present your case and argue it successfully. It all boils down to having the best lawyer.
Look for a lawyer who has successfully handled legal cases like yours. There are many sharp law graduates, but they probably haven’t helped anyone evade deportation before, therefore when hiring a legal aid carefully go through their resume and pick one who will be able to understand your case best. A divorce can extend your naturalisation plan by two or three years if you have a permanent visa.
The timing of the divorce is key when you want to avoid deportation and divorce your spouse who sponsored your visa application to the United States. This divorce may lead US immigration officials to believe that the marriage was based on the alien’s desire to become a permanent resident of the US. However, this is influenced by many factors and specific details about the divorce, since many states have varying laws on these types of divorce proceedings.
Types of Immigration Statuses
If you entered the United States within two years of your marriage to your spouse who is a natural citizen, then you will be a conditional citizen. What this means is that you will be under duress to avoid legal lawsuits and any marriage problems that could lead your spouse to file for divorce. An experienced lawyer on immigration lawsuits could be of major help in defining your citizenship. Especially when your application for US citizenship relies on your spouse’s visa. Your conditional residence will be based on your marriage and therefore you are required to file a petition to remove conditions for residence. This form can be filled out by the married couple, or you can fill it out separately in case you are divorced already.
However, this may negatively affect your permanent residence application since divorce within less than two years may imply that you were just getting married to become a US resident. If you have a green card and are already a permanent resident, then the divorce will not affect your application except for the duration needed to accept your naturalisation as a US resident.
A good divorce lawyer can help you get a quick separation and retain your residence. The lawyer must have certified credentials and belong to a legit law firm. This way you will be sure that the divorce will proceed without any major mishap such as losing your citizenship in the US. According to data released by the Centre for Immigration Studies, most people who get deported following divorce from their spouses often did not use a qualified lawyer to handle the legal issues.
All you need is a lawyer who can handle an application for waiver termination. This requires proof the marriage was carried out in good faith and the alien spouse faced hardship in the mother country, such as the alien undergoing a toxic marriage with proof provided from neighbours and the availability of a conditional green card.
In conclusion, the fundamental requirement to avoid deportation following divorce from a US citizen is a qualified lawyer with experience in such divorces.