Immigration and Ending a Marriage
Navigating both immigration issues and the possibility of divorce is stressful as there are unique concerns regarding residency, status, and future rights. Knowing how to address these issues, and when to seek guidance from a skilled Orlando family lawyer, can make a significant difference in managing both the emotional and legal aspects involved.
Conditional Residency and Burden of Proof
When one spouse is not yet a U.S. citizen, divorce can raise serious questions about their immigration status. Many immigrants attain conditional residency through marriage, and divorcing before fulfilling certain conditions can jeopardize their ability to remain legally in the country. Even for those who have permanent residency, a divorce can sometimes impact their naturalization process. Because immigration and family law often overlap in these situations, it’s essential to understand how a divorce can affect an individual’s immigration journey.
If an immigrant spouse has obtained a conditional green card, which is typically issued when a marriage is under two years old, the couple must jointly apply to remove these conditions within two years of receiving residency. Divorce before the end of this conditional period raises a red flag in the citizenship process which could be used as evidence of a potentially fraudulent marriage. The non-citizen spouse must prove that the marriage was entered in good faith to retain their residency.
To overcome this burden of proof, they may need to provide substantial evidence, such as joint financial records, shared property documents, or even testimony from family and friends. If the couple cannot jointly file the petition, the non-citizen spouse must file independently, which may involve a waiver of the joint filing requirement. Working with an attorney who specializes in immigration can be invaluable at this stage in order to build a compelling case.
Divorce and Permanent Residency
For immigrants who have already obtained a permanent green card, the immediate impact of divorce may be less severe but it can still influence the path to citizenship. In some cases, divorce can delay eligibility for naturalization, particularly if the non-citizen spouse was planning to apply for citizenship under the three-year rule, which applies to individuals married to U.S. citizens. A divorce means they will now be subject to the standard five-year rule.
An experienced Orlando family lawyer understands both the personal and legal complexities that arise when ending a marriage with immigration factors involved. They can coordinate with separate immigration attorneys, in order to ensure all issues align with the unique requirements of immigration law. This approach helps protect the non-citizen spouse’s legal status while guiding both parties toward a fair divorce settlement.
Are you nervous about divorcing due to immigration concerns? Ending a marriage is never easy, but understanding how you or your spouse’s immigration journey could be impacted is helpful so both parties move forward with confidence. By working with skilled family law attorneys at Donna Hung Law along with coordination with a separate immigration attorney, couples can move through the divorce process and protect their futures. Call 407-999-0099 or contact us to schedule a confidential consultation.
