If you married a US citizen or permanent resident and obtained your permanent residency through marriage, you might wonder: What happens if I get divorced? Will I lose my residency? This article provides clear answers to your questions and explains how a divorce could impact your immigration status.
Understanding Your Immigration Status
To determine what might happen to your permanent residency after a divorce, it’s crucial to identify what stage of the process you’re in. This will help you understand whether your status is at risk. The main stages include:
- Application in progress: You haven’t yet received your permanent residency.
- Conditional residency: You have a residency card with conditions that need to be removed in the future.
- Permanent residency: You’ve completed the process and hold valid permanent residency.
Each stage has different implications. Below, we’ll explore each case in more detail.
If You Already Have Permanent Residency
If you have already obtained permanent residency without conditions, you can rest assured. A divorce will not affect your status as a permanent resident. At this stage, your residency no longer depends on your marriage.
Additionally, if you meet the time and presence requirements to apply for US citizenship, you can begin that process. Maintaining a clean record and following the law will help ensure a smooth transition to citizenship.
If You Are in the Process of Obtaining Residency or Have Conditional Residency
The situation changes if you are still in the process of applying for residency or hold conditional residency (typically granted to those married for less than two years when they receive it).
In these cases, divorce can complicate your situation, leading to the following scenarios:
- Denial of residency: If you divorce before your application is approved, USCIS may consider the marriage not genuine and deny your application.
- Loss of conditional residency: If you cannot prove your marriage was genuine, you could lose your conditional residency and face deportation.
What Can You Do If You Divorce Before Obtaining Permanent Residency?
Despite the challenges, there are ways to protect your immigration status if the divorce occurs before completing the process. Common options include:
- Proving the marriage was bona fide: Provide evidence of your authentic relationship, such as:
- Photos together.
- Joint property records.
- Proof of living at the same address.
- Birth certificates of shared children.
- Requesting a hardship waiver: Demonstrate that returning to your home country would cause extreme hardship.
- Documenting abuse by your spouse: If you experienced physical, emotional, or psychological abuse, you might qualify to continue your residency process under protections like the Violence Against Women Act (VAWA).
These requests are evaluated case by case. Consulting an immigration attorney is essential to present your case effectively.
Why Could You Lose Your Residency After a Divorce?
USCIS requires marriages leading to permanent residency to be genuine, not solely for immigration benefits. In the event of a divorce, USCIS may investigate the authenticity of the marriage. If you fail to prove it, your residency application may be denied, or conditional residency revoked.
Tips to Protect Your Residency Case
If you’re going through a divorce while applying for permanent residency, follow these steps to protect your immigration status:
- Gather evidence: Collect as much documentation as possible of your genuine marriage, including leases, joint bills, witness statements, and other supporting documents.
- Consult an immigration attorney: A legal expert can help build a strong case and represent you before immigration authorities.
- Act quickly: If you face deportation proceedings, time is critical to file the necessary requests and defend your case.
- Maintain a clean record: Avoid legal or immigration violations. A clean history strengthens your case.
- Notify USCIS: If you divorce while holding conditional residency, inform immigration authorities promptly to show transparency and request a good faith waiver.
- Seek emotional support: Divorce can be challenging. Stay emotionally stable to navigate legal challenges with clarity and determination.
- Document any abuse: If abuse is a factor in your divorce, keep evidence and report it to the authorities. This can be critical for qualifying under VAWA.
- Keep important correspondence: Save letters, emails, messages, and any communication supporting your relationship’s authenticity.
- Prepare personal statements: Write a detailed account of your relationship, including how you met, key moments, and reasons for the divorce. This information can support your good faith claim.
- Explore all legal options: Beyond the residency process, consider alternative pathways such as the U visa, T visa, or asylum, depending on your case. An attorney can guide you through the available options.
Final Thoughts: Will You Lose Your Permanent Residency If You Divorce?
The answer depends entirely on your current stage in the residency process. If you already have permanent residency, there’s no need to worry. However, if you are in earlier stages, a divorce could complicate your case.
Now that you know how to handle this situation, it’s time to act decisively and seek legal support if needed. Remember, as an immigrant, there are always options to move forward and achieve your dreams in the US.
If you have more questions about your immigration case, schedule a consultation with us today. We’re here to help you secure your future and that of your family. Call us at (509) 927-3840 for personalized guidance.
Notice: This article is for informational purposes only and does not substitute legal advice. To receive specific assistance for your case, contact an immigration attorney.
