Love can create new beginnings – but for some it creates new legal challenges as well. If one partner is an immigrant, divorce doesn’t necessarily spell the end of the relationship – it can also signal serious questions about immigration status. This blog explores the law and when you should consult a divorce and immigration lawyer to protect your future.
Consider Lucia and Michael as an example. Colombian artist Lucia meets American tourist Michael in Cartagena during his holiday. It started over dinner at Lucia’s grandmother’s restaurant, and Michael proposed. They married in Colombia and when her visa was approved, Lucia came to the U.S.
However strong their love was, Lucia and Michael discovered they had different life goals. The big family Michael came from wanted children. But Lucia was too busy with her art to start a family yet. Love for one another aside, they knew divorce was inevitable.
Divorce and Immigration: All You Need to Know.
Lucia worried about her immigration status after the divorce. But unlike a lot of immigrants with conditional green cards, Lucia feared ending the marriage would cost her the ability to stay in the U.S.
In divorce, a conditional green card holder may apply to waive the joint filing requirement. And that waiver allows them permanent residency so long as they can prove the marriage was legal and ended in good faith.
And this is critical for anyone in a similar situation to understand: Not every divorce results in deportation. But the process is complicated – and that is where a divorce and immigration lawyer comes in handy.
You Shouldn’t Stay in an Unhappy Marriage.
So many immigrants – like Lucia – think they must stay in unhappy marriages for the sake of their visa or green card. They worry that divorce would affect their legal status in the U.S. But staying in an unsustainable marriage can cause emotional distress and unhappy outcomes.
In fact, immigration law understands relationships. When facing divorce, you can keep your residency but you need an experienced lawyer by your side.
A divorce and immigration lawyer can help.
You should consult a lawyer who practices both if you’re going through a divorce and worried about your immigration status. A divorce and immigration lawyer can help you:
Know your Rights – how divorce affects Your immigration status and how to protect Your residency.
Waiver – If you have a conditional green card, your lawyer can help you get a Waiver to stay in the country after your marriage ends.
Stay Away From Common Pitfalls – Immigration law is complicated and mistakes could cost you your stay in the U.S.
Whenever you find yourself in a situation like Lucia’s where divorce seems inevitable, get legal advice immediately. A divorce and immigration lawyer can explain your options, protect your residency and help you move forward confidently.
Our team has helped many of those clients navigate those tricky issues so they can remain in the U.S. legally after their marriage ends. Wait until it’s too late – get legal advice now.
It can be a difficult and emotional time to divorce – but for immigrants it may also bring up serious questions about residency status. Consult a divorce and immigration lawyer to protect your legal rights and ensure that your future does not end because your marriage did not.
You have options – whether you have a conditional green card or permanent residency – knowing what you need to do matters. Get expert advice on divorce and immigration, contact us today.