Dealing with divorce and immigration matters together is difficult, especially when understanding the complex laws of U.S. immigration. Divorce can significantly impact your situation related to immigration, possibly making it harder for you to continue living in the United States. We at Westover Law know these difficulties well and are here to answer your divorce questions and support you during this complicated journey. In this blog, we will go over how divorce may affect your immigration status, which visas are involved, and what you should understand if you currently hold a conditional green card.

How Does Divorce Affect Your Immigration Status?

What is the effect of divorce on immigration status? This question has a big answer: it mainly relies on what kind of visa or immigration situation you have. If staying in the country depends on being married, splitting up can bring profound results. For instance:

  • Spousal Visas: If you live in the U.S. with a spousal visa (for instance, a K-3 visa), your legitimate stay in America is linked to your marital relationship. If the marriage terminates, chances are high that you will lose your visa status unless you can attain an alternate legal status.
  • Green Card Holders: For those who possess a conditional green card, divorce during this period can complicate acquiring permanent residency. It is essential to comprehend the effects of divorce on your conditional green card and what actions you can take to safeguard your immigration standing.
  • Applicants for Naturalization: For people who are applying to become U.S. citizens through their marriage to a U.S. citizen, divorce might slow down or make the process of naturalization more complex.

Westover Law has skilled attorneys who can guide you through these intricate matters and ensure your rights are safeguarded during the divorce and immigration phases.

Types of Visas Affected by Divorce

Types of visas that may be impacted by divorce include:

  • K-1 and K-3 Visas: These types of visas are for people who plan to get married to U.S. citizens or are already married to their spouses. If such a marriage relationship ends, then the visa holder’s chance of staying in America is at risk.
  • H-4 Visa: This is given to dependents of H-1B visa holders. A divorce could result in losing the H-4 status unless the dependent can meet the requirements for a different visa kind. Another instance when a divorce affects green card status is if the person gets their green card based on a marriage that happened less than two years ago. In this situation, they receive what’s called a “conditional” green card. If the divorce occurs before these conditions are removed from the green card, it could lead to losing permanent resident privileges.

To plan your next steps, it is essential to understand how divorce might affect your visa and immigration status. Every visa category has its own rules and demands, which Westover Law’s team can assist you with to figure out the best way to go.

TPS Protected Status: Protecting Your Immigration Status

Temporary Protected Status (TPS) is a kind of temporary immigration status given to people from specific countries that are undergoing continuous armed conflict, environmental catastrophe, or other exceptional situations.

How TPS Can Be Affected by Divorce

The status of TPS protection usually continues, regardless of whether there is a change in marital status. But, if you got your TPS through a connection with your spouse at first and now have divorced from them, it could influence the renewal process or adjustment of your status.

Maintaining TPS During Divorce

To keep TPS protected status during and after divorce, it is essential that you still fulfill all the conditions for eligibility even though your marriage has ended. You must pay attention to deadlines for renewing your status and talk with an immigration lawyer about the possibilities of gaining a more lasting immigration status.

At Westover Law, we can help ensure that your safe immigration status stays protected by planning ahead and providing legal advice.

Conditional Green Card and Divorce

When you have a conditional green card, your permanent residency is tied to the condition that your marriage lasts for two years.

How Divorce Impacts Conditional Green Card Holders

Problems with a conditional green card and divorce can be complicated. If you get divorced before the two-year period ends, you must apply for a waiver to remove the conditions on your permanent residency.

Filing a Waiver After Divorce

You need to show that the marriage was genuine and not just for getting immigration benefits. You can provide things like shared financial papers, pictures together, and sworn statements from people who know about your relationship as proof.

Understanding the complexities of divorce for those with conditional green cards is crucial. Our legal group at Westover Law is skilled in managing this situation, giving you the most incredible opportunity to maintain your residency status after a divorce.

Divorce can have a significant effect on your visa immigration status, especially if you got it because of your married relationship. Whether you have a conditional green card or TPS, knowing how the divorce will influence your ability to stay in America is essential. We at Westover Law are experts in helping people through these complex matters, giving them personalized answers to safeguard their rights and future.

If you are confronting divorce and immigration matters in California, Westover Law can help. Our skilled group is prepared to help with your particular circumstance. Call 951-894-8440 to set up a free meeting, or visit our website for additional information about what we offer. Let us help you secure your future with confidence and care. Contact us for more information today.