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Legal Implications of Divorcing and Altering Immigration Status in Non-Citizen Marriages

Posted by Drama Free Divorce | Feb 01, 2020 | 0 Comments

divorcing and altering immigration status in non-citizen marriages

Divorce can be an emotionally taxing and complicated experience, made all the more so when non-citizens enter the picture. Immigration status plays an integral role in both processes and presents its own set of difficulties that must be managed carefully for fairness and justice between all parties involved.


Impact of Divorce on Immigration Status

Divorce can have serious repercussions for non-citizen immigrants' immigration status. Should their marriage end, those who obtained their status through marriage may find themselves vulnerable and require legal advice when making crucial decisions during this trying time. It's vitally important to seek legal guidance as you navigate this tumultuous terrain.


Conditional Residency and Divorce

Divorce can make it more challenging for individuals to attain permanent residency. For conditional status to be removed after two years have elapsed, joint applications must be filed; waivers may be available in specific instances but this process must still adhere to all legal requirements.


Justification for Divorce

Non-citizens facing divorce should ensure they understand the grounds of divorce in their jurisdiction, as this will affect immigration proceedings and immigration proceedings may depend on whether it was fault-based. For this reason, legal advice regarding local divorce laws should always be sought to ensure accuracy and ensure accuracy is reached.


Green Card Holders' Impact

Divorce can have serious repercussions for those applying for a Green Card based on marriage. Divorce increases scrutiny from authorities who evaluate its validity; an immigration attorney can assist applicants in dealing with potential issues during divorce proceedings.



Non-citizens who divorce their sponsoring spouse should understand their responsibilities when divorcing the sponsoring partner. An Affidavit of Support signed as part of the immigration process obligates their sponsoring partner to financially support their immigrant partner. Legal advice will likely be needed in this regard and divorce won't automatically end this obligation.


Child Custody and Immigration Status

Custody battles between non-citizen parents can have devastating repercussions for them. Immigration authorities will take into consideration what's in the best interest of their child when considering arrangements that limit parental participation. Consulting a divorce and immigration attorney may be essential in helping noncitizen parents navigate these complicated waters successfully.


Violence Against Non-Citizen Partners and U Visa

U visas may be available to non-citizen spouses of victims of domestic abuse, providing legal status. It's important to consider how divorce proceedings could impact eligibility; seek legal advice from professionals familiar with both immigration and family law for advice.


Rule of Public Charge

Immigration proceedings involving divorce can be affected by the Public Charge Rule, which assesses whether an immigrant will become dependent on public assistance. Non-citizens need to understand the financial implications of divorce as well as seek legal advice to minimize concerns regarding public charge determinations.


Protective Measures for Noncitizen Spouses

Non-citizens facing divorce require protective measures in the form of orders of protection or advice from groups that specialize in helping immigrants through difficult legal situations.


Consultation with Legal Experts

Divorce and immigration status are two legal areas that must be fully understood to achieve successful outcomes. Consult an attorney who specializes in family law or immigration if you are a non-citizen to help navigate through the complexities of divorce while protecting your rights.

Non-citizens navigating divorce and immigration need a deliberate, strategic approach to achieve fair results. Understanding the effects of divorce on immigration matters early in the process and seeking legal advice early are vitally important in reaching an acceptable outcome for non-citizens.

If you want to know more about divorce and immigration laws, call our office today at this number (816) 615-5555. Drama Free Divorce has been around for years in Kansas City, helping couples process their divorce, systematically and economically. 

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