Divorce is a complex and emotionally challenging process for individuals. However, for couples where one or both spouses are immigrants with non-citizen status, divorce can add an additional layer of stress. Besides handling asset division and child custody, they also have to consider how the divorce can impact their immigration status. This article aims to delve into the intricacies of how divorce can affect immigration status in Alabama.
Conditional Resident Status
When an immigrant spouse obtains their green card through marriage and has been married for less than two years at the time of green card approval, they receive conditional resident status. This implies that they need to apply to remove the conditions on their green card within 90 days before the two-year anniversary of their green card approval.
Impact of Divorce During the Conditional Period
If the spouse files for divorce before they fulfill the requirements to remove the conditions on their green card, they may no longer be eligible for permanent residence. However, certain exceptions exist. For instance, if the divorce occurred due to abuse by the U.S. citizen spouse, the immigrant spouse might qualify for a waiver of the joint filing requirement. In other situations, if the immigrant spouse faces extreme hardship upon returning to their home country, they may have to file a waiver based on such grounds.
Divorce After Removal of Conditions
Once the immigrant spouse has successfully had the conditions on their green card removed, their legal status should not be affected by a subsequent divorce.
Divorce and Spousal Support
In Alabama, two types of divorce are recognized: no-fault divorce and at-fault divorce. In a no-fault divorce, neither party accuses the other of causing the breakdown of the marriage. Conversely, in an at-fault divorce, one party alleges the other of being responsible for the marriage’s breakdown.
According to Alabama law, judges are obligated to equitably divide property during a divorce. This also includes spousal support, which refers to the financial support given by one spouse to the other following the divorce. If an immigrant spouse depends on their U.S. citizen spouse financially, spousal support becomes crucial for their ability to maintain their residency within the United States.
Conclusion
Divorce is already a complex and emotionally burdensome process. However, when immigration status is involved, the stress can escalate even further. Understanding the implications of divorce on immigration status in Alabama is essential for successfully navigating the legal procedures. Seeking the guidance of an experienced immigration attorney is crucial as they can provide the necessary support and protect the individual’s legal rights throughout this challenging process.