How Divorce Affects the Immigration Process
Divorce is not one of the most peaceful moments in life. It comes with financial and emotional challenges and general instability.
For non-US citizens, a divorce can complicate the immigration process, forcing you to find a qualified Goldstein Immigration lawyers to guide you.
A divorce during your conditional residence permit period can lead to revoking of the permit. You are worst affected when you depend on your ex-spouse as the one who qualifies for an immigration visa.
Green Card Renewal After Divorce
Applying for green card renewal once you are a permanent resident after a divorce is easy. The law provides that you file a Form I-90 where you change your details.
With enough evidence on divorce like a divorce decree, you can also change your name on the green card.
Divorce after Conditional Green Card
Applying for a green card after divorce can be challenging when you qualified through marriage to a US citizen or a permanent resident. To be eligible for permanent residency, the US Citizenship and Immigration Services (USCIS) provides a two-year conditional permit. During this period, you will establish the validity of your marriage.
You and your partner fill a form I-751 within 90 days before the expiry of the conditional residence permit. Form I-751 helps in removing all the conditions after validating your marriage. Even though you can still fill the form by yourself, it calls for intense scrutiny from the USCIS. The divorce, in most cases, is an indication of a fraudulent marriage to obtain US citizenship illegally.
It is your responsibility to prove to the service that the marriage was genuine. You have to submit evidence to show that you entered the union in good faith. That the divorce was a natural family occurrence.
Submitting Evidence Regarding Divorce
The immigration laws provide that you have to present evidence to the effect that you are not at fault for the divorce. The primary indication is to show that divorce was a result of irreconcilable differences. Referred to as no-fault green card divorce, you have to show the source of the differences and the exact state of things.
The other option is to show that the ex-spouse is at fault for the divorce. Avail affidavits from people close to your union as proof of fault. Possible cases involve imprisonment and adultery.
It would help if you also showed your attempts to make the marriage work. Evidence that you sought marriage counseling and other reconciliation means, gives validity to your union.
Bottom Line
Understanding everything that comes with a divorce during immigration can be a little tricky. The best thing to do, therefore, is to seek the services of a qualified immigration attorney. The attorney will advise on what to do next and prepare you for an interview. They will also help you find and present evidence when needed.
You are better off working with an experienced immigration attorney who has dealt with several such cases before. They will give you not only the legal counsel but also the support you need after the divorce.
