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How Will Divorce Affect My Immigration Status?

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If you are in the United States on a visa that was granted based on your spouse’s application, and you are getting divorced, you might be wondering how it will affect your immigration status. Our Orange County immigration attorneys explain how your immigration status will be affected if you get divorced or separated.

Divorcing the Spouse that Sponsored Your Immigration Application

If you immigrated to the United States with a married-based visa that is less than two years old, you will receive a conditional permanent residence status. After the two-year period, you can attain full permanent residence status after filing a petition with the U.S. Citizenship and Immigration Services (USCIS). However, if you plan to dissolve your marriage before the two-year period, you will lose your immigration status and become deportable.

What Can I Do to Maintain My Immigration Status After My Divorce?

If the marriage is shorter than two years, you might qualify for a waiver. The waiver can be based on various factors, such as proving that you would experience extreme hardship if deported, termination of a good faith marriage, or battered spouse or child grounds. You would also have to prove that you were not at fault for failing to meet the requirements of the joint marriage.

Orange County Immigration Attorneys

If you are getting divorced and you believe that it will affect your immigration status, contact our Orange County immigration lawyers as soon as possible. Our team of attorneys can analyze your situation and help you develop a strategic plan to keep you in the country. At Yekrangi & Associates, we are dedicated to helping our clients get the best possible results for their cases.

Contact our Orange County immigration lawyers today at (949) 478-4963 to schedule a consultation!


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