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Can I lose my citizenship if we get divorce

Los Angeles, CA |

I got my citizenship through marriage to US citizen few months ago , we are still living together but we have a lot of problems , and we are thinking to get divorce , will that affect my citizenship and how ? Can USCIS open my case again and cancel my citizenship or not

Attorney Answers 5

  1. If you are a US citizen, then the divorce on its own would not affect your status. But if you are a conditional permanent resident, then getting divorced may have very negative consequences for you. Check your documents to make sure you know what your immigration status is, and schedule a consultation with an immigration attorney!

    DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or or consult with your own legal advisor before taking any action based on information appearing here.

  2. If by any chance they find out that you received your green card and subsequently citizenship through fraud, then they can. It is very rare and the burden is very high on the government, but it has happened before. Again, if no fraud, there should be no problems.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

  3. No.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

  4. I'm not sure if you're talking about U.S. citizenship or lawful permanent residency here. You don't really get U.S. citizenship through marriage. You get it through being a permanent resident for a certain number of years, but those married to and living with a U.S. citizen can apply after a shorter waiting period. Either way, a divorce does not automatically result in your citizenship or residence being taken away. If you are already a citizen, married in good faith, and really were living with your husband for the required three years after you became a resident, then a divorce now should not affect you. If you are a permanent resident and married in good faith, then it depends. If you were married more than two years when you became a resident then a divorce will not affect you, although you will have to be prepared to explain why you divorced if you ever apply for citizenship and show that you married in good faith. If you were married less than two years when you got your residency, then a divorce means that when you need to file to remove the conditions from your residence, you will need to get a waiver of the requirement that you file to remove the conditions with your spouse. This requires showing you are divorced and married in good faith. I strongly suggest you arrange a consultation with a good immigration lawyer to go over your options.

    Christina Murdoch
    Scott D. Pollock & Associates, P.C.
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  5. Your question doesn't make sense because you don't get citizenship through marriage. You get a conditional green card first. It's unclear whether you have past the conditional stage or whether you just got married. Speak to a lawyer because there is a lot at stake for you.

    Best of luck,

    -Sanjay A. Paul, Esq.

    This is not legal advice. No attorney client relationship exists between us.

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