A divorce can sometimes complicate your chances of receiving a green card. If your spouse is sponsoring you, there is a chance that your application could be denied. Whether or not this happens depends on how far along your application is in the approval process. If you are divorcing and have applied for a green card, here is what you need to know.
Why Does a Divorce Matter?
Part of the approval process for a marriage-based green card is determining whether or not the marriage is authentic. The U.S. Citizenship and Immigration Services, or USCIS, wants to ensure that couples are not getting married solely for the purpose of obtaining a green card. The government considers this to be fraud.
For USCIS, a divorce can sometimes help to pinpoint marriages that were not real. A fraudulent marriage can be difficult to maintain, and some couples are unable to stay together long enough for the green card to be approved.
A divorce could result in a closer review of your application, and in some instances, a denial.
When Is Your Green Card in Danger?
A divorce does not automatically result in a denial. However, it can make it harder to obtain the green card.
For example, if you have already received approval for your visa petition to stay or come to the country and are divorcing, you cannot take any more steps in the process to gain legal status. To continue the process, you will need to find another sponsor and apply for a green card that fits his or her relationship to you. If you are unable to find a sponsor, your green card could be denied.
If you have had your green card interview and were granted conditional residence, you are safe for now. A conditional residence status means that you have to be reassessed in two years time to determine if you are still eligible to stay in the country. Since you are divorcing, your spouse is no longer considered your sponsor.
To retain your right to stay in the country, you will need to convince immigration officials that your marriage was legitimate. You can ask that you be allowed to continue on in the process on your own without your former spouse or any other sponsor.
Regardless of if you are divorcing or not, you should consult with an immigration attorney if you applying for a green card. He or she can help you identify possible hurdles and create a plan to deal with them.
For more information, contact David Borts Law Office or a similar firm.
