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Can a divorce cause me immigration problems?

Pompano Beach, FL |

i'm married to U.S citizen i enter illegal on U.S.A @ the first time so i went back to my country to waiver my 10 years ban i have being in U.S for just 20 days and i found out my partner was cheating me with someone i have a 10-years green card. How the divorce will affect my immigration status? i got my green card by going to my country and waiving a extreme hard ship.

i was out U.S for 9 months i just got back 20days ago and i found he is cheating me we were maried for 5 years i just went to my coutry to adjust my status he visited me wile i was there

Attorney Answers 4


Thanks for your inquiry. This question of whether a divorce can create a problem is one that is common and one that is often misunderstood. As a general rule, divorce will not automatically cease your immigration status provided that you have already become a permanent resident. Let's make sure that this makes sense.

If your spouse is a US citizen (USC) and has submitted a Form I-130 on your behalf seeking an immigrant visa application based on the marriage, that application would be automatically revoked upon the divorce. But remember that the Form I-130 is only part of the process of obtaining residency based on the marriage. In your case you filed the Form I-130, returned abroad and obtained an immigrant visa based on "consular processing." The moment that you entered the US, you were admitted as a lawful permanent resident and thus had completed the entire process. Once you arrived in the US as a resident, the I-130 which served as the basis upon which you obtained your status CANNOT be revoked.

However, if you were perhaps still abroad waiting for an interview or for your application for the appropriate waivers to be considered, the divorce would have automatically revoked the I-130.

I know, lots of different rules depending on where you are in the process. Your is completed and so a divorce in your circumstances will not work to automatically revoked your status as a resident. Rather, you appear to have been qualified to receive the immigrant visa based on a long standing marital relationship that already had bee ndetermined to be bona fide. So you are good to go.

Moreover, you have been issued a 10 year residency card and are not subject to the "conditional" resident status that some receive. The general rule here is that if one receives status as a resident through marriage to a resident or USC, that status will be obtained on a conditional status if the marriage has not existed for at least two years at the time the status of a permanent resident is granted (adjustment of status if processed in the US and consular processing if processed through the US consular office abroad).

Now although a divorce would not appear to cause any issue with losing your status at this point, you need to be aware of what could happen later on when and if you apply to become a naturalized citizen.

More and more, CIS is looking back at the underlying basis upon which resident status was granted in the context of making decisions on applications for naturalization. And this applies to everyone. So if you obtained status based on a marriage and it turns out that the marriage ended right after that status was granted, you have to be cautious that questions may be asked later on down the road. It does not mean that you cannot become a naturalized citizen, it just means that you should really think about saving evidence that the marriage was the real thing so that later on when you apply for naturalization you have the aresenal of evidence available to make sure that there is no doubt in the adjudicating officer's mind.

I would suggest that you sit down with someone who understands both the issues you face immediately and the concerns for the future. Does not sound like you need any immediate assistance other than to hear it from someone that can give you some comfort and can understand your situation provide some guidance as to how to move forward. Does not sound like you need any help at this point other than a good consultation with a competent attorney who can listen, counsel and guide.

Good luck.

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If you are eligible for U.S. Citizenship at this point, and have had a Residency Card for ten years, then the divorce should not be an issue.

However, it is not clear how long you spent outside the USA. Did your husband go live with you? Do you have any pending applications or litigation in Immigration Court?

If your ex-husband is vindictive, and he files a letter or affidavit with ICE, contesting the validity of the marriage, it could cause you problems. There are a lot of different issues that you may have to consider, and you probably should seek an Immigration attorney in your area and discuss all the facts with him or her.

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i was out U.S for 9 months i just got back 20days ago and i found he is cheating me



we were maried for 5 years i just went to my coutry to adjust my status


I agree with the other attorneys. Do this with an attorney's assistance.

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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