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DISCLAIMER NOTICE - The Immigrant Legal Advocacy Project is providing this information as a public service. We try to make it accurate as of the date on this page. Immigration laws and regulations change frequently. We cannot guarantee or promise that this information is always up-to-date and correct.
This information is not legal advice. We do not intend this information to be advertising or solicitation. By providing this general information, we are not acting as your lawyer. Always consult a competent lawyer or immigration advocate accredited by the Board of Immigration Appeals before taking any legal action.
This page last updated 6/10/2002.
HOW CAN DIVORCE AFFECT IMMIGRATION STATUS?
For most people, getting divorced will not affect their immigration status. But certain people's immigration status in the US is based upon their marriage. In those cases, a divorce could have a very negative impact on their immigration status, including making them lose their legal status altogether so that they become deportable.
The following people may have immigration problems as a result
of a divorce:
- A person who got her residency by marrying a US citizen, and who is still in the conditional, two year residency period, or who got her permanent residency through the marriage less than a year ago.
- A person who is in the US on a nonimmigrant visa, such as a student visa, or a professional worker's visa, whose spouse is the principal visa holder. These persons may have visas that have a letter-number designation, where the number is 2 or 4 (such as F-2, H-4 etc.).
- A person who immigrated as the spouse of a person granted asylum, if she is still in asylee status and has not yet received her permanent resident status.
- A person who married the principal immigrant a short time before the couple immigrated, and is divorcing not long after they immigrated.
- A spouse or child of an abusive US citizen or permanent resident who has not yet gotten residency through the marriage that created the relationship, if the person is not already a permanent resident through some other way.
Any noncitizen in one of these situations SHOULD SPEAK WITH AN IMMIGRATION ADVOCATE BEFORE FILING A DIVORCE ACTION, OR IF A DIVORCE ACTION IS ABOUT TO BE OR HAS ALREADY BEEN FILED.
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