How Divorce Can Affect an Immigration Status

If you are an immigrant who is divorcing a U.S. citizen shortly after marriage, then there may be special implications to your case that you will want to deal with. Divorce is the legal termination of a marriage, and may sever your right to citizenship if you are an alien who immigrated to the United States for the purpose of marriage. According to Visa Journey, any immigrants who came to the US on a K visa and have not yet adjusted status may lose their rights to remain in the United States. Also, immigrants that are still satisfying a two-year residency period may lose the right ot citizenship or an alien that gained residency through a US citizen less than one year ago.

If you are an immigrant going through a divorce, you will want a well-educated divorce attorney on your side. Depending on the conditions of your divorce, you may be able to remain in the United States or you may lose your right to stay. You may also want to hire an immigration attorney to assist you so that you can get the best defense in case you are threatened with deportation after the divorce is final.

The USCIS says that all marriage and divorce situations regarding residency are dealt with on a case-by-case basis. This means that while some individuals will be permitted to stay in the US, others won't be. A separation is not considered grounds for deportation. This means that as an immigrant spouse it may be wiser to file for separation from your spouse then to file for divorce, An annulment will almost always revoke your right to remain in the United States, so steer clear of this method if possible. With the right San Fernando divorce attorney on your side, you will be able to work through your divorce carefully and fight to preserve your right to residency in the United States.