Conditional Residency And Divorce – How an Immigration Lawyer Can Help
Immigrants who get married to American citizens can be granted a status called conditional residency, which allows them to stay in the country. It’s called conditional residency because the immigrant is granted residency on the condition that they are married to the American citizen. After two years of conditional residence, the immigration status of the immigrant is re-evaluated. However, the immigrant’s status in the country can be negatively affected if there is a legal separation or divorce in those two years.
If the marriage is less than 2 years old, conditional residency can be granted immigrant spouses. The immigrant recieves a green card, allowing them to work and live inside the United States. The immigrant is also authorised to enter and leave the USA as often as they wish. The immigrant spouse maintains his or her conditional residency for the two years, as long as the marriage is still valid.
The residency status of an immigrant can definitely be changed if the immigrant decides to seek a divorce or legal separation. An immigrant spouse is authorized to apply for permanent residency in the United States after the two year conditional residency, but not earlier. Applying for permanent residency after having been divorced is more difficult, as the application must be filed jointly by both spouses. If the immigrant can show that he or she entered into the marriage in good faith they can apply to have the joint application waived and apply by themselves.
The joint application requirement can also be waived in special circumstances, especially those concerning domestic abuse. The immigrant spouse is able to apply by themselves if they are the victim of domestic abuse.
If you are a conditional resident and considering divorce, speak with an immigration divorce lawyer before taking any further steps, as they are experts and know the law for immigrants looking to get divorced inside and out. Entering the United States is hard enough, you don’t want to jeapordize your chances of staying in the country by not having the law explained to you properly.