I have been in the business of document preparation for more than a decade and almost every week I will get asked the question about what will happen to their pending immigration status. For clarification, I am not an attorney and cannot provide legal advice. However, a simple Google search will many times give the following advice. Resources links are in the bottom of the page. If you would like to be able to ask an attorney questions just like this one every day of the year consider getting Legal Shield (priorly known as Prepaid Legal), the most affordable way to have an attorney at your fingerprints.
Filing for divorce while undergoing an immigration process in Florida can significantly impact an immigrant’s status, especially when the application relies on a marriage-based green card.
1. Termination of Application
If a couple divorces during the green card application process, the application is usually terminated. This applies regardless of whether the applicant is at the interview stage or awaiting approval [5].
2. Conditional Green Card Holders
For those holding a conditional green card (valid for two years), divorce can complicate the removal of conditions. The individual must file a waiver demonstrating that the marriage was genuine, not fraudulent, despite its dissolution [1].
3. Path to Naturalization
Divorce does not automatically affect an individual’s green card but can delay the ability to apply for U.S. citizenship. Those who divorce may need to wait the standard five years (instead of three) before applying for naturalization [3].
4. Florida-Specific Challenges
In Florida, while divorce itself does not alter immigration laws, it introduces additional legal challenges, including demonstrating financial independence and custody of children, which could indirectly affect immigration proceedings [2].
5. Importance of Legal Counsel
Navigating both immigration and divorce law requires expert legal assistance. Missteps can lead to deportation or loss of status [6].
Divorce during immigration processing is complex, with outcomes depending on case-specific factors. Consulting an attorney is crucial to protect one’s legal and immigration rights.
🌐 Sources
- hubbslawfirm.com – Can Divorce Affect U.S. Immigration Status?
- gandklaw.com – Florida’s Immigration Divorce Laws: Key Points
- peoples-law.org – How Will Divorce or Separation Affect My Immigration Status?
- orlandofamilyteam.com – Will A Florida Divorce Affect My Green Card?
- boundless.com – Marriage Green Card and Divorce
- bubleylaw.com – Divorce and Immigrant Status in Florida