Going through a divorce is never easy. When immigration status is added to the equation, the situation can quickly become overwhelming. Many immigrants in the United States find themselves caught between two major life transitions — the end of a marriage and uncertainty around their legal status. Whether you are the immigrant spouse or the U.S. citizen or permanent resident, it’s essential to understand how a divorce can impact your immigration journey and what steps you can take to protect your rights.
At Rebecca Black Immigration, PA, we specialize in helping individuals navigate the intersection of family law and immigration law. Our team has worked with countless clients who found themselves in legal limbo after a separation or divorce. In this post, we explore the most common immigration challenges that arise during a divorce — and why hiring an experienced immigration attorney can make all the difference.
The Immigration Consequences of Divorce
When a person’s immigration status is tied to their marriage, a divorce can have serious repercussions. The impact largely depends on the type of immigration benefit the individual has received or is in the process of applying for. The most common scenario involves a foreign national who has received, or is applying for, lawful permanent residence (a green card) through marriage to a U.S. citizen or lawful permanent resident.
If the green card has already been issued and is valid for 10 years, a divorce typically won’t affect the person’s right to remain in the United States. However, if the individual holds a conditional green card, which is often issued to couples married less than two years at the time of approval, the situation becomes more complicated. Conditional residents are required to file a petition (Form I-751) to remove the conditions on their residence within 90 days before the card expires. This form is typically filed jointly by both spouses.
So what happens if the couple is no longer together?
Filing a Waiver After Divorce: Proving a Good Faith Marriage
If you are divorced or in the process of divorcing, you may still be able to file Form I-751 with a waiver of the joint filing requirement. In this case, the burden falls on the immigrant to prove that the marriage was entered into in “good faith” — meaning it was genuine and not solely for the purpose of obtaining immigration benefits.
This is where many people run into trouble. USCIS will thoroughly review the details of the relationship and the reasons for its dissolution. They may request evidence such as:
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Joint bank accounts, leases, or property deeds
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Photos and travel itineraries as a couple
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Birth certificates of children born during the marriage
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Correspondence and affidavits from friends and family attesting to the relationship
If the immigrant cannot provide sufficient documentation, the petition may be denied, potentially placing them at risk of removal proceedings. A qualified immigration lawyer can be instrumental in compiling strong evidence, preparing persuasive affidavits, and guiding clients through interviews and Requests for Evidence (RFEs).
Divorce Before Green Card Approval
In some cases, a couple may separate or divorce while the immigrant spouse’s green card application is still pending. If the marriage ends before the green card is approved, USCIS will likely deny the application — unless certain exceptions apply. In these situations, timing is everything. A lawyer can help assess whether the immigrant is eligible for any alternative forms of relief, such as:
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Self-petitioning under the Violence Against Women Act (VAWA) if abuse was involved
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Applying under a different family or employment-based category
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Exploring humanitarian options such as asylum or U visas
VAWA protections, in particular, are critical for spouses who have suffered battery or extreme cruelty. Importantly, VAWA allows both men and women to self-petition without the knowledge or consent of the abusive spouse. This process can also be pursued even after divorce, provided that the petition is filed within two years of the legal separation.
Affidavit of Support and Financial Obligations
Many U.S. citizens and permanent residents are surprised to learn that their financial responsibilities may continue even after divorce. When someone sponsors an immigrant spouse for a green card, they typically sign an Affidavit of Support (Form I-864) — a legally enforceable contract promising to support the immigrant if necessary.
This obligation remains in effect until the immigrant becomes a U.S. citizen, has worked in the U.S. for 40 quarters (about 10 years), leaves the country permanently, or dies. Divorce does not automatically end this financial commitment. In some cases, sponsored immigrants have successfully sued their former spouses to enforce this support in U.S. courts.
An attorney can help both sponsors and immigrants understand their rights and responsibilities under the I-864, and how these obligations may play out during divorce proceedings.
Custody Issues and Immigration Implications
Divorce involving children adds another layer of complexity, especially when one parent is not a U.S. citizen. Questions often arise about custody arrangements, international travel with the child, or one parent’s desire to relocate abroad.
In some cases, a parent’s immigration status may influence custody decisions, although courts primarily consider the best interests of the child. A parent facing deportation or immigration uncertainty may have concerns about their ability to maintain a relationship with their children.
It’s essential to have a legal team that understands how custody orders and immigration status intersect, particularly if international borders are involved. At Rebecca Black Immigration, PA, we work closely with family law professionals to provide coordinated legal strategies for parents in mixed-status families.
Why You Need a Lawyer
Whether you’re the immigrant spouse or the sponsoring spouse, divorce can trigger a range of immigration issues that require swift, informed legal action. Immigration law is notoriously complex and constantly changing, and decisions made during a divorce — even unintentionally — can have lasting consequences on your immigration future.
Here’s how a lawyer can help:
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Evaluate your current immigration status and risks
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Assist with I-751 waivers or pending green card petitions
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Represent you in interviews or immigration court
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Guide you through VAWA or other humanitarian options
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Coordinate with family law attorneys regarding custody or financial matters
Protect Your Status and Your Future
Divorce is never simple — but for immigrants, it can feel like the stakes are even higher. Your future in the United States may depend on how you handle the intersection of divorce and immigration law.
At Rebecca Black Immigration, PA, we’re here to stand by your side and help you make informed decisions during this difficult time. Our attorneys offer compassionate, strategic representation tailored to your unique circumstances.
If you are concerned about how a separation or divorce may affect your immigration status, don’t wait. Schedule a consultation with our legal team today. We’re ready to help you protect your rights and move forward with confidence.
