What Happens If You Divorce During Immigration Process?

Going through a divorce is never easy, especially when it happens during the immigration process. If you're in the middle of applying for a green card or going through other immigration steps, you might wonder how a divorce could affect your case. "What happens if you divorce during the immigration process?" is a common concern, and it's important to understand the potential consequences.

Divorce during immigration process can impact your status, but the effect depends on where you are in the process. Whether you're applying for a conditional green card or have already received your permanent residency, a divorce may change your path. It's crucial to know your rights and the options available to you, so you can navigate this challenge without feeling lost.

Studies show that about 24.7% of immigrants who came to the U.S. through marriage ended up divorced within 15 years of arrival. This includes many who married for reasons beyond just immigration.

In this blog, we’ll break down what happens if you divorce during the immigration process, the legal protections you may have, and what steps you should take next.

Understanding the Immigration Process: Conditional vs. Permanent Residency

Before diving into the divorce during immigration process, it’s important to understand the difference between conditional and permanent residency. These two stages play a big role in how a divorce can affect your immigration status.

Conditional Residency typically applies to individuals who received a green card based on marriage to a U.S. citizen or permanent resident. This status is usually granted for two years, and during this period, your marriage must be genuine. If you divorce during this time, it may affect your status, but there are legal steps you can take to maintain your residency, such as applying for a waiver.

On the other hand, Permanent Residency refers to individuals who have passed the two-year conditional period and have been granted a green card for 10 years. Divorce after this stage is less likely to affect your status, but it may still complicate future naturalization or citizenship applications.

How Divorce Affects Green Card Applications?

it’s important to know that the process of getting a green card through marriage involves different stages. When you apply based on marriage to a U.S. citizen or permanent resident, the green card is typically issued in two phases. First, you receive conditional residency, which is granted for two years, and then, after proving your marriage is genuine, you can transition to permanent residency. Divorce can affect both stages, but the consequences depend on when it happens in the process.

Let’s take a closer look at what happens if you divorce before or after your green card is issued:

Before Green Card Issuance

If you’re in the process of applying for a green card based on marriage, divorce can complicate things, especially if you have conditional residency. Conditional green cards are typically issued for two years, and during this time, you must prove your marriage is genuine. If you divorce before your green card is issued, your application may be denied. However, you may apply for a waiver if the divorce was due to abuse or hardship. You’ll still need to attend an interview and submit additional documents to demonstrate that the marriage was real.

After Green Card Issuance

Once your green card is approved and you’ve moved past the conditional period, divorce has a smaller impact on your immigration status. Your permanent residency remains intact. However, divorce can still affect your naturalization process. U.S. Citizenship and Immigration Services (USCIS) may scrutinize your application for citizenship more closely. In some cases, divorce can complicate your reentry into the U.S., especially if your marriage-based green card was your primary immigration route.

Divorce and the Impact on I-864 Affidavit of Support

The I-864 Affidavit of Support is a crucial part of the immigration process for those applying for a green card based on marriage. This document is signed by the U.S. citizen or permanent resident spouse to show that they have enough income to financially support the immigrant. The sponsor is responsible for supporting the immigrant financially, and the I-864 is used to prevent the immigrant from becoming a public charge.

If you divorce during immigration process, the impact on the I-864 can be significant. After divorce, the sponsor is no longer legally obligated to provide financial support under the I-864. However, the immigrant may still be able to maintain their residency status, especially if they have already received permanent residency. If you're a conditional resident, you may need to apply for a waiver to remove the condition if you are no longer married.

In such cases, the I-864 may be considered less relevant, but other forms of financial support or waivers could come into play depending on your situation. It's important to consult with an immigration attorney to navigate the changes.

What Are the Legal Options for Divorced Immigrants?

Divorced immigrants have several legal options to maintain their immigration status, even without their spouse’s support. One important option is the VAWA (Violence Against Women Act), which allows individuals who have been victims of abuse by their U.S. citizen or permanent resident spouse to self-petition for a green card. This means you don’t need your spouse’s cooperation to continue your green card application. VAWA protections extend to both men and women, ensuring that those experiencing domestic violence or extreme hardship can still pursue legal status. 

For conditional green card holders, divorce due to abuse or hardship can trigger the need for a waiver. This waiver allows you to remove the conditions on your green card even if you no longer meet the marriage requirement. To apply for this waiver, you’ll need to demonstrate that the divorce was a result of abuse or extreme hardship, which can be supported by evidence like police reports, medical records, or affidavits from domestic violence shelters or other professionals. It’s crucial to seek legal counsel when applying for these protections to ensure the process goes smoothly.

Conclusion

Going through a divorce during the immigration process can be complicated, but there are legal protections and options available to help you navigate this challenging situation. Whether you're seeking a waiver, utilizing VAWA protections, or exploring other routes, understanding your rights and the steps you need to take is crucial for maintaining your immigration status.

At Clarity Mental Health, we specialize in providing psychological evaluations for individuals going through the immigration process. Our team is experienced in working with immigrants facing complex challenges, including divorce, and we offer comprehensive immigration evaluations that can support your case. With a focus on empathy and expertise, we ensure that each evaluation is thorough and tailored to your unique circumstances.

If you’re facing difficulties in your immigration process due to divorce or any other issue, don’t hesitate to reach out to us. Contact Clarity Mental Health today to learn how we can assist you with your immigration journey and help you achieve the best possible outcome.