If you are a non-US citizen, going through a divorce can raise many concerns about your ability to stay in the country. Divorce can affect your immigration status in several ways.
First, if you obtained your green card through marriage and have been married for less than two years, you have what's known as a conditional permanent residence. If you get divorced before the two-year period is up, you may lose your green card and be forced to leave the country. However, you may be able to petition to have the condition removed, even if you get divorced before the two-year period is up.
Second, divorce can also impact your visa status and your ability to extend your stay in the US. If you are on a non-immigrant visa, such as an H-1B or an F-1, and you get divorced, you may no longer be eligible to stay in the US. Some visas are tied to your marital status, so if you get divorced, you may be out of status and subject to removal.
Third, if you are in the process of applying for adjustment of status, also known as a green card, and you get divorced, it can complicate your application. Your eligibility for a green card may depend on your marriage, and if you get divorced before your application is approved, you may not be able to obtain a green card.
Fourth, if you have already obtained your green card and then get divorced, your immigration status is not automatically affected. However, if you obtained your green card through marriage and you get divorced within the first two years, you may be subject to removal proceedings.
Divorce and immigration issues are complex and can be overwhelming to navigate alone. If you are going through a divorce and have concerns about your immigration status, it's essential to seek the help of an experienced immigration attorney. An attorney can help you understand your options and protect your rights. By understanding how divorce can affect your status and seeking the help of an attorney, you can take steps to protect yourself and your future in the United States.
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