How Can Divorce Affect Your Immigration Status

As part of the challenging immigration process, there are several complex questions which help determine your eligibility and the value your presence would add to the country. However, being married to a current citizen can significantly help you gain citizenship. That said, we understand you’re going through a divorce. So, how can divorce affect your immigration status? Continue reading to find out.

Sponsorship

Navigating the immigration process is stressful because you might be relatively unfamiliar with the country and might speak English as a second language. To make the process easier, you may have done what many immigrants do, namely finding sponsorship through your spouse who is a U.S. citizen. That said, if your marriage has lasted less than two years, you’re likely considered a conditional resident. A conditional resident status deems you a temporary resident until further action is taken, such as filing the I-751 petition for permanent residence.

We recognize that some divorces occur due to unhealthy living situations and other tense realities. If being at home made you feel unsafe during your marriage, you must prioritize your health and safety and find a way out. If your marriage has lasted at least two years, you’re exempt from needing your spouse for sponsorship. On the other hand, if the marriage has lasted less than two years, you’ll need to submit a waiver claiming an undue hardship. Each applicant’s waiver will have different details, so it's best to consult with an attorney to ensure your waiver tips the scales in your favor.
 

Obtaining citizenship

The overwhelming question here is how this divorce is going to affect your chances of becoming a U.S. citizen. Assuming you’ve gone through––or are currently going through the immigration process––you’ve likely followed the appropriate steps thus far. However, the good news is that a divorce will not stop you from becoming a U.S. citizen, but it may delay obtaining citizenship. For instance, if you already hold a green card and a permanent resident status, applying for naturalization may be delayed.