How divorce affects immigrants

posted in: Divorce Mediation | 0

Divorce can be difficult in any situation, but if you are an immigrant in Colorado or any other state, you may find the laws and regulations even more confusing. We at Kaplan Law work hard to ensure that you can divorce without losing your citizenship status.

The U.S. Citizenship and Immigration Services details what you need to know about divorcing after you come to this country. The government wants to be sure that you did not get married to a U.S. citizen simply to gain residency, so permanent residence status is conditional for the first two years you are married. If, after two years you are still married to the same person, you can apply for conditional resident status. There are exceptions to this rule. If your spouse has passed away or the marriage was annulled or dissolved through divorce, you must be able to show that you entered into the marriage in good faith.

Reports of abuse are also taken into account when it comes to retaining your citizenship. Exemptions may also be given if you or your child were abused or forced to endure extreme hardship by your spouse during the marriage. If this is the case and you are able to show that your deportation from the country would cause extreme difficulties, you may be approved to have the conditions removed from your residency.

If you and your spouse are still married and you wish to eliminate the conditional status on your residency, you must apply for permanent residency before your green card expires. Learn more about how to do this by visiting our web page.