Will Getting Divorced Affect My Immigration Status?

If you are an immigrant considering getting a divorce, you may wonder if it will affect your legal status or green card. The answer to this question is not always straightforward, as the effects of a divorce can vary depending on your specific situation. Our Orange county immigration attorneys provide information on how getting a divorce as an immigrant would (or would not) affect their legal status or green card. We will also provide some tips for those considering divorcing their spouse.

Will My Status Be Affected?

Divorce should not affect your situation if you have a green card or permanent resident status. You can become a permanent resident if your marriage is two years old at the time of your green card application. However, the USCIS will re-open your case when you file for U.S. citizenship.

However, all situations are not the same, and depending on your spouse's status, divorce or separation may affect your status. You may not be eligible to get a green card if, for example, you are married to an H-1B visa holder and your spouse has an approved adjustment of status application, but the priority date is not yet current.

If you are unsure of your immigration status, you may be able to get assistance from an experienced immigration attorney.

Victims of Domestic Violence

If you are a victim of domestic violence, you may be eligible for a green card on your own.

The Violence Against Women Act (VAWA) allows certain immigrants who have been victims of domestic violence to self-petition for a green card. This means they can apply for a green card without their abuser's knowledge or consent.

Yekrangi & Associates Is Here To Help

If you are considering getting a divorce, or if you have already been divorced, and you have questions about how it will affect your immigration status, we can help. Our experienced immigration attorneys can provide you with the guidance and support you need. Contact us today to schedule a consultation.

Call us today at or fill out our online contact form to schedule a consultation. We look forward to helping you with all of your immigration needs.