Contact a lawyer today! This includes entering the U.S. and adjusting your status while in the U.S. A qualified and independent mediator will help the couple find a consensual solution to the division of assets and other matters. We provide support for the Petition to Remove Conditions on Residence (Form I-751), Green Card Renewal (Form I-90), the Citizenship Application (Form N-400), and several other USCIS forms. This loss of status could also affect the sponsored person’s accompanying family members who became permanent residents through the sponsored person’s application. The divorce dissolves the relationship. All you have to do is file Form I-751 before your green card expires. In a situation where a person’s immigration status is dependent on or interlinked with marriage, things can get complicated soon enough and add stress to an already stressful situation. Our team at Schiller DuCanto & Fleck has spent decades representing our clients. The overwhelming question here is how this divorce is going to affect your chances of becoming a U.S. citizen. This form includes the waiver described above.
Before you file another application or petition with U.S. If there are disagreements, however, these fees will increase. If you have already obtained a conditional green card before the marriage ends, you have conditional permanent residence. Also, you can email the files to us directly at, Allowed file extensions: .doc, .xls, .csv, .pdf, .txt, .docx, .xlsx, Allowed file extensions: .doc, .xls, .csv, .pdf, .txt, .docx, .xlsx. In most cases, a divorce after green card does not affect one’s immigration status. Divorce is complicated enough — but it becomes even more complicated when the end of your marriage could affect your immigration status. First things first: when applying for US citizenship it is vital that you translate all necessary personal documents into English — this includes both your marriage certificate and, if the marriage dissolves prior to securing citizenship, your divorce certificate. This may, for instance, affect their right to reside in the country, particularly if they have been married for less than three years. There are various ways that a marriage can help make you eligible for a green card.

The court will then review your application and send it to your partner, asking for their response. Proof that the immigrant spouse will suffer extreme hardship if sent back to his or her country of origin, such as a statement about the life built in the US thus far. These are payments that can go towards any expenses the spouse has, and is completely separate, from child support. There are no questions directly related to your marriage status. Permanent residents with a divorce should also understand how it affects the naturalization process. All Rights Reserved. If you’re unable to produce convincing documentation, USCIS may deny your application for naturalization. If you are a non-citizen, know how divorce or annulment affects your situation. Now we are divorcing this year, and I do not know if I will still be legally responsible for him for 10 years even after we divorce, do I terminate my sponsorship, and how? Fortunately, getting divorced doesn’t revoke your chances of becoming a naturalized U.S. citizen, although a divorce may extend the process and require further documents. That said, we understand you’re going through a divorce. Have a cookie This helpful guide explains the whole process as well as alternatives that you might want to consider. Even if you are eligible to file the naturalization application based on five years as a permanent resident, you are giving USCIS a reason to take another look at your file. If you used your spouse’s status (as a U.S. citizen or lawful permanent resident) to immigrate within two years of your marriage, you are a conditional resident. Look for a lawyer who has experience with cases like yours and who can help you understand your options. Owning the property they live in can also have an influence. In order to become a permanent resident, you must file Form I-751 (Petition to Remove Conditions of Residence). However, most foreign-born spouses going through the divorce process will be granted conditional permanent residence if they do not choose to withdraw their immigration application. The process does, however, tend to be less expensive than divorce proceedings. Schlun & Elseven are a well-established law firm offering clear and professional legal advice for expats living in Germany.

USCIS may request additional evidence from some. The petition is approved and both have filed their respective applications for an immigrant visa (green card). For legal advice, you should consult an attorney. You may change your name on the green card at the same time that you renew or replace it. (The date the “green card” expires is printed on the card.).
Figures from the Federal Statistical Office of Germany (Statistisches Bundesamt Destatis), show that a total of 187,640 marriages were dissolved in 2011, compared with 148,066 in 2018; a decrease of around 21%.. Finally, you can show evidence of cruelty or abuse from your U.S. citizen spouse. If your right to live in Germany is solely due to your marriage or you came to Germany through family reunification, you may lose your entitlement to reside there if you get divorced; especially if you have been married for less than three years. What effect does a divorce or separation cause? Looking for a firm that knows Family Law, inside and out? Immigration law classifies spouses of US citizens as “immediate relatives.” Immediate relatives of US citizens have a much faster route to getting a green card than most other US immigrants. While you may want to consult with an immigration lawyer, it is not a foregone conclusion that you will lose your permanent residency and be deported. However we do not provide legal advice - the application of the law to your individual circumstances. You can choose to go through mediation as a first step. If parents cannot agree on these larger issues, the court can then decide which parent should make these decisions. To make the process easier, you may have done what many immigrants do, namely finding sponsorship through your spouse who is a U.S. citizen. You may change your settings at any time. How would you describe my situation concerning my permission to stay in USA??? If you’re getting a green card through your spouse but you divorce before becoming a permanent resident, will immigration officials void your application? The Center for Immigration Studies estimates that close to 400,000 US citizens marry foreign nationals each year.

A divorce after obtaining your conditional green card shouldn’t stop you from filing your I-751 petition. Factors such as how much both spouses earn and how many dependent children will be affected will be taken into account. If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. In Brief: Legal Analysis of Recent Case Law, Amicus Briefs: General Interest Newsletter. For instance, the couple might need to wait until a year after they have separated – regardless of any unbearable hardship – in the interests of any young children they have. Assuming you’ve gone through––or are currently going through the immigration process––you’ve likely followed the appropriate steps thus far. There’s no single answer that fits every individual’s situation, so the solution varies. Divorce or separation may affect the legal status of conditional residents. If at any point a divorce occurs before the approval of an application for a green card, the immigration process stops. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card. Your Divorce May Affect the Immigration Rights of Others. Disclosure: CitizenPath partners with certain vendors who serve the immigrant community to bring you information about their services. CitizenPath is a private company that provides self-directed immigration services at your direction. You will need to provide proof that your marriage was a good faith union and not just a marriage for immigration reasons. Lake Forest, IL 60045 In fact, you have to remain married up until you actually get your U.S. citizenship, and you have to be living with your spouse three years before filing your N-400 application to qualify on this early basis. If you are a non-citizen, know how divorce or annulment affects your situation. If your marriage does indeed end in divorce prior to your securing a green card or full US citizenship, you may be concerned that this will result in a denied petition or even deportation. The only grounds for divorce recognized by German law is the breakdown of the marriage. Divorce does not affect your eligibility to file Form N-400 on the basis of five years as a green card holder. What is my option, If you find out that your immigrant husband is cheating and he isn’t a citizen yet but have his residence green card can i send him back to his country. If both spouses agreed to own their property jointly, they must divide it in its entirety. All you have to do is file Form I-751 before your green card expires. 8:30 am - 8:00 pm, Mon - Fri. How Will Divorce or Separation Affect My Immigration Status? If the couples separated within two years of the sponsored person obtaining permanent resident status, the sponsored person could lose his or her status.


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