How Divorce Affects Family-Based Immigration Petitions in New Jersey
If you find yourself facing a situation where a divorce is affecting your family-based immigration petition, you are not alone. We understand that this can be an overwhelming and confusing time for you. The emotions tied to a divorce, especially when it intersects with immigration matters, can create uncertainty. You might be feeling anxious about the future and wondering how these changes will impact your immigration status. At our firm, we are committed to guiding you through these challenges with empathy, understanding, and support. Whether you are the U.S. citizen or permanent resident spouse, or the immigrant spouse, we are here to help you navigate the complexities of how divorce impacts your family-based immigration petition.
What is a Family-Based Immigration Petition?
A family-based immigration petition allows U.S. citizens and lawful permanent residents to bring their family members to live with them in the United States. The process can be complex, and there are different categories of family members that qualify for immigration benefits. When a marriage is involved, one spouse may petition for the other to obtain a visa or green card. The process involves filing various forms and meeting specific requirements, including proving the legitimacy of the marriage. For many couples, the outcome of this petition can significantly affect their ability to stay in the United States.
The Impact of Divorce on Immigration Petitions
Divorce can have a profound effect on a pending or ongoing family-based immigration petition. If a petition is based on marriage, a divorce could cause significant delays or even result in the denial of the application. The U.S. Citizenship and Immigration Services (USCIS) requires that marriages be bona fide or real. This means that the marriage must be legitimate and not entered into for the sole purpose of obtaining immigration benefits.
When a divorce occurs during the process of a family-based immigration petition, it can raise doubts about the authenticity of the marriage. USCIS may view the divorce as a sign that the marriage was not genuine, which could lead to complications for the immigrant spouse. If you are in the middle of a divorce, it is important to be aware of how it could affect the approval of your petition.
Divorce After the Immigration Petition is Approved
In some cases, a divorce can happen after the family-based immigration petition has already been approved. If this occurs before the immigrant spouse has received their permanent resident status, they may still be eligible for a green card under certain circumstances. However, USCIS will closely scrutinize the case to ensure that the marriage was legitimate at the time the petition was filed. If the marriage is deemed to be fraudulent, the immigrant spouse may face deportation or denial of their green card application.
There are also instances where a divorce after approval can lead to the immigrant spouse losing their legal status if they were granted conditional permanent resident status. Conditional status is often given to couples who have been married for less than two years at the time of applying for permanent residency. A divorce can complicate the process of removing those conditions, and the immigrant spouse may need to prove that the marriage was entered in good faith.
What Happens if the Immigrant Spouse Has a Conditional Green Card?
In situations where the immigrant spouse has a conditional green card and the marriage ends in divorce, the immigrant spouse may face challenges when seeking to remove the conditions on their green card. Normally, both spouses would file a joint petition to remove the conditions and obtain permanent residency. However, if the marriage is dissolved, the immigrant spouse may be required to file a waiver or demonstrate that the marriage was genuine despite the divorce.
To be eligible for this waiver, the immigrant spouse must show that the marriage was entered in good faith, and the divorce was not a result of any fraudulent activity. Proving that the marriage was legitimate can be difficult, but with the right legal guidance, it is possible to demonstrate that the marriage was real and that the divorce was a result of personal reasons, not immigration fraud.
What Are the Potential Consequences of Divorce on Immigration Status?
If you are going through a divorce and you are in the process of a family-based immigration petition, it is essential to be aware of the potential consequences. For instance, if USCIS determines that the marriage was not genuine, this could result in the denial of the immigration petition or removal of the immigrant spouse from the United States.
Additionally, the U.S. government takes marriage fraud seriously, and a divorce during the immigration process may raise red flags for authorities. If an immigrant spouse is accused of entering the marriage solely for immigration benefits, it could lead to criminal charges or deportation. The stakes are high when a divorce affects a family-based immigration petition, which is why it is important to consult with an experienced immigration attorney to protect your rights and interests.
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
How an Immigration Attorney Can Help During a Divorce
If you are in the midst of a divorce and have a pending or approved family-based immigration petition, you may feel uncertain about what steps to take next. It is critical to understand how divorce can impact your case, and an experienced immigration attorney can help guide you through the process.
An immigration attorney can assist in gathering the necessary evidence to prove the legitimacy of your marriage, even in the event of a divorce. They can also help navigate the complex requirements for waivers or conditional status removal. With the proper legal support, you can increase your chances of a successful outcome, whether you are seeking a green card or trying to remove the conditions on your permanent residency.
Dealing with both a divorce and an immigration petition can be emotionally draining, but you do not have to face it alone. If your family-based immigration petition is affected by a divorce, we are here to help. At The Scheer Immigration Law Group, we understand the complexities and challenges that arise in these situations. Our team is ready to provide compassionate legal guidance to help you achieve the best possible outcome. We will work closely with you to understand your unique circumstances and ensure that your case is handled with the attention and care it deserves.
If you are going through a divorce and are concerned about how it may impact your immigration status, contact The Scheer Immigration Law Group today. We will be by your side every step of the way.