Naturalization and Divorce However, if you are married to a U. Citizen, then you only have to wait three years after becoming a green card holder and then you can apply. If you get divorced before filing, then you have to wait the full five years that a non-marital green card holder would. The good news is that there is nothing in the U.S.
UU. Immigration law that says that once people divorce or their marriage is annulled, their efforts to obtain a green card automatically end. Citizenship and Immigration Services (USCIS) recognizes that even couples who were once in love and committed to each other can cause their relationship to fall apart. However, it's true that since USCIS is always looking for fraudulent marriages, a divorce can cause USCIS to conduct a second round of scrutiny on your case.
How this develops will depend on what phase of the application process you are in. If the only application filed in your case so far is a visa petition on Form I-130, filed by the U.S. Citizen or lawful permanent resident, half of the couple, so even if approved, that won't help the immigrant after a divorce. The visa petition simply starts the immigration process, without providing the immigrant with any rights to remain in the U.S.
And since the goal of a marriage-based visa is to bring a couple together in the United States, it wouldn't make sense to grant it after the couple is no longer a couple. The same applies if the immigrant has already applied for an immigrant visa or green card, but the case has not been interviewed or approved. Therefore, if your marriage ends in divorce or annulment at this stage, you will not be able to take further steps toward the U. If you have already successfully applied for permanent residence (a green card), USCIS has no reason to take a second look at your application right now, so you don't need to worry.
But here we are only talking about permanent residence, not conditional residence, as described below. The only people who become permanent residents immediately after applying for a green card are those whose marriages were already two years or older at the time they were approved for the green card or entered the U.S. With your newly another immigrant visa. Also remember that if you later request U, S.
Citizenship, you're giving USCIS a reason to take another close look at your file. Read the entry on citizenship, below, on this topic. If you have already applied for your green card and were approved for conditional residency (that is, you received a two-year green card, such as one given to spouses whose marriage was less than two years old on the date the green card was approved), you will face some challenges when USCIS examines your case. The next USCIS review normally occurs approximately two years after your conditional residency approval date, after you file USCIS Form I-751, as needed.
This form asks USCIS to remove the conditions on your residence and approve you for permanent residence (a state that does not expire, although the real card does). The usual way to fill out Form I-751 is through a joint petition, signed by both spouses. Joint Petition Tells USCIS Marriage Is Still Real and Ongoing. However, after a divorce or annulment, you (the immigrant) will, to legally stay in the U.S.
Based on your marriage, you have to file the petition on your own, requesting an exemption from the joint filing requirement. To do this, you'll need to provide convincing evidence that the marriage started as something real (it was genuine), even though it ended before you wanted it. Such evidence may consist of the types of things you have sent to USCIS in the past, such as bank and credit card statements showing accounts they have in common, birth certificates of children, copies of mortgage or rental agreements, etc. However, you should not duplicate the things you have sent to USCIS before.
Try to use the most recent documents possible. Interestingly, statements from marriage counselors or therapists can be helpful in this regard. People who commit marriage fraud don't usually visit a counselor or therapist to try to save their marriage. They know that there is nothing real to save.
Your immigration situation is further complicated if the divorce is not yet final when your Form I-751 expires, because technically, there is not yet an exemption available to you. In this case, you will definitely want to enlist the help of a lawyer. Citizenship (to naturalize), USCIS will have another chance to review your immigration file and marriage information. If USCIS sees any signs that the marriage that granted you the green card was fraudulent (and again, divorce or annulment could be considered such an indication), it will ask you to provide documentation demonstrating that your marriage was truly in good faith.
By now, there's probably a lot of such documentation already in your file, so you'll need to look for more recent, but also convincing, evidence that your marriage is real. If you can't find convincing enough documentation, USCIS can't just deny your U, S. Citizenship, but refer you to an immigration court process for removal from the United States (deportation). For a personal analysis of whether your divorce or annulment could affect your immigration status, if you should file for U, S.
Citizenship and help completing any application or request for exemption, consult an experienced immigration attorney. In the case of marriages of less than two years, the foreign spouse is granted conditional permanent residence. Based on that conditional green card, the foreign spouse will live with the sponsor in the United States. At the two-year mark of the relationship, immigration officials review the marriage to see if the couple is still together.
Spouses who satisfy bona fide officers of their relationship gain approval for permanent status. Those who fail are forced to leave the country. CALL NOW FOR A QUICK CONSULTATION If you have a 10-year green card, a divorce should have very little effect on your immigration status. You won't automatically lose your green card because of divorce.
However, in some circumstances, if the divorce occurs soon after your green card is approved, USCIS may suspect that your marriage was fraudulent. Marriage fraud is illegal and if USCIS can prove that your marriage was false, it could start a deportation case against you to revoke the green card. A conditional green card holder has the same rights as a person who has a normal green card. The main difference between the two, aside from the shorter expiration date, is that within 90 days prior to the conditional green card expiration date, you must request removal of green card conditions or risk losing your green card status.
On a green card obtained through marriage, conditions can be removed by filing Form I-751, Petition to Remove Conditions. If the couple is still married, both people will sign and file the form together. This is called a “joint filing”. If your marriage ended in divorce, you will need to file the form yourself obtaining a “waiver of the joint filing requirement.”.
You should not file the naked form, but it must be backed up with sufficient evidence to show that when you entered into marriage, you and your spouse intended to establish a life together. From the moment you get married, you should start documenting your marriage. Bank statements, credit card bills, lease agreements, photographs at family gatherings, and electricity bills are some of the documents you can use to prove that your marriage was real. You won't automatically lose your conditional green card due to divorce; however, if you didn't properly document your marriage, the immigration officer will ask if your marriage was real and you'll struggle to prove your case.
A good immigration and divorce lawyer can help you anticipate problems with your case before they occur. Many cases are won because the client has an attorney to help them with the case. When deciding if you should hire an attorney, you'll need to look at your finances to see if this is possible. The high fees charged by some lawyers generally discourage many people because they are not affordable.
You must make the decision based on whether you can afford to make a mistake with your case and risk deportation. This is where the lawyer is valuable. The lawyer can minimize your risk of deportation if you prepare the case properly. Chery Fletcher is a divorce and immigration attorney in West Palm Beach, Florida, who has been helping immigrants through the green card and divorce process.
Getting a Green Card When Marrying an American, S. Citizen can give you a certain sense of security and permanence. You can legally work and live in the U.S. However, an important issue to understand is whether you can be deported if you are married to a U.S.
citizen. In fact, you can. Let's take a look at when or why you can be deported if you marry a U., S. Can You Be Deported If You Are Married to a U.S.
Citizen? The answer is yes, you can. About 10% of all people who are deported from the U.S. Every year they are lawful permanent residents. In fact, you can be deported for several reasons.
First of all, you must meet all the criteria for obtaining a green card. If you don't, you will be deported. Second, there are certain actions or crimes that could lead to deportation, even if you are married to a U.S. citizen and have a valid green card.
Let's take a closer look. Just because you've married a U. ST. Citizen doesn't mean you automatically get a green card, or that you're now safe in the U.S.
You Still Have to Meet These 4 Criteria to Qualify for a Green Card. If you don't, you can be deported from the U.S. It is one of the requirements to obtain a green card through marriage. By illegal means, you couldn't get a green card unless you file a 601A exemption.
If this is the case, it's best to consult with an immigration attorney to plan your next steps. If you are applying for a citizenship marriage, your marriage will be under the scrutiny of the United States Citizenship and Immigration Services (USCIS). You have to prove that your marriage is real or “in good faith”. To establish this, you may need to go through a few rounds of questions.
You must be willing to have USCIS inspect every detail of your married life. As required in all green card applications, you will need to pass a green card medical exam before USCIS will issue you a green card through marriage. You can read here to see how to prepare for your green card medical exam. USCIS Doesn't Want Immigrants to Become a Public Charge or Burden to the U.S.
For this reason, you must show that you have a minimum income level in order to satisfy an “affidavit of support”. Even if you have met all of the qualifying criteria for a green card that we have listed above, you can still be deported for committing certain crimes or offenses. Even if it's misdemeanors, not violent. Crimes that can lead to deportation are called “deportable offenses”.
USCIS has an extensive list of deportable offenses. Below, we summarize some of the most common. If you are concerned that you may have committed a deportable crime, be sure to seek the advice of a qualified immigration lawyer. Here are some of the offenses that can lead to you being deported from the U.S.
Aggravated felonies are subject to federal law, but can be prosecuted under state law. These crimes range from misdemeanors to felonies. If you have committed any of these crimes, it will be up to the immigration authorities to determine if it constitutes a reportable offence. Controlled substances are for drug-related offenses.
If you are convicted of a drug offense after being admitted to the U.S. It could also be inadmissible in the U.S. Drug-related offenses include possession of drugs, but do not include “a single offense involving possession for one's own use of 30 grams or less of marijuana”. If you are a drug addict or a drug addict, the Immigration and Nationality Act stipulates that you are also deportable.
Moral lowness refers to “an act or behavior that seriously violates the sentiment or accepted norm of the community.”. This is rather vague and it is not entirely clear what crimes could fall under this category. This depends on the U.S. If you do not meet the conditions of your conditional permanent residence, you will not receive your permanent residence card and you will be deported.
You would be a conditional permanent resident if you were granted a two-year temporary green card after marrying a U. If you received two-year conditional permanent residence from your marriage, you could be deported if your marriage ends before the end of the two years or if it turns out that your marriage was fraudulent. Firearms-related offenses and offenses can be grounds for deportation. These offenses include violations for illegal possession, sale, or carrying of firearms.
Any form of fraud could be a reportable crime. More specifically, marriage-related fraud that granted you conditional permanent residence. Having a fraudulent marriage or annulling or ending your marriage before you are granted permanent residence could result in deportation. Every time you leave the U.S.
If the border agent determines that you are inadmissible, you will not be allowed to re-enter the U.S. For example, it will be inadmissible if you have been outside the U.S. UU. ,.
Borders for more than 180 days without early parole. This is where you help someone enter the U.S. So, can you be deported if you are married to a U.S. citizen? Yes, you can.
But you can only be deported under very specific circumstances. If you are concerned that you may have committed a deportable crime or if you have not met one of the 4 eligibility criteria listed above, talk to an immigration lawyer. They will be able to advise you on the magnitude of your risk and what you can do about it. If you're considering applying for a personal loan, follow these 3 simple steps.
Apply online for the loan amount you need. Submit the required documentation and provide your best possible request. Stronger Applications Get Better Loan Deals. If your application meets the eligibility criteria, the lender will contact you regarding your application.
Please provide any additional information if needed. You'll soon have your loan offer. Some lenders send a promissory note with their loan offer. Sign and return that note if you want to accept the loan offer.
The loan is then disbursed in your U.S. Bank account within a reasonable number of days (some lenders will take 2-3 business days). Now you need to set up your payment method. You can choose an automatic online payment method to help you pay on time every month.
Stilt offers loans to international students and professionals working in the U.S. holders of F-1, OPT, H-1B, O-1, L-1, TN visas) at lower rates than any other lender. Stilt is committed to helping immigrants build a better financial future. We take a holistic underwriting approach to determining your interest rates and making sure you get the lowest possible rate.
I firmly believe that information is the key to financial freedom. On the Stilt blog, I write about complex topics such as finance, immigration and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured on Forbes, TechCrunch, VentureBeat and more. To receive the shortest residency requirement, you must be able to show that you were married in good faith to a U.S.
citizen or permanent resident for at least three years. This document shows that the non-citizen has adequate means of financial support and is not likely to depend on the United States government for financial assistance. As in other circumstances where you will need to prove that your marriage was in good faith, you will need to provide supporting documents that contain evidence of your life together and your legitimacy. Excluding divorces prevents non-citizens from receiving social assistance or requiring government assistance after divorce.
However, divorced noncitizens will have to wait five years to apply for a green card, instead of three years if you were married and have conditional residence. Only spouses of citizens born in the United States are eligible for self-petition, spouses of deceased lawful permanent residents are not qualified. On the one hand, the chances of the foreign spouse proving that the marriage was entered into in good faith increase dramatically. That would translate into tens of thousands of fraudulent marriages each year, most of which are never discovered.
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