Divorce not only has legal and emotional ramifications, but it can also significantly impact immigration status. Many couples who find themselves going through a divorce may be concerned about how it will affect their immigration status. In this article, we will provide valuable information on how divorce specifically affects immigration status in Minnesota.
The Impact on Conditional Permanent Resident Status (CPR)
For non-citizens who obtained a green card through marriage and the marriage was less than two years old at the time of the green card application, they will be granted a conditional permanent resident status (CPR). This CPR status is valid for two years. Once this period has elapsed, the non-citizen is required to file a joint petition with their spouse in order to remove the conditions and obtain permanent residency.
In the unfortunate event of divorce before the two-year anniversary, the non-citizen may apply to remove the conditions on their own. However, they must be able to present compelling evidence that the marriage was indeed legitimate. To initiate this process, the non-citizen must file form I-751, Petition to Remove the Conditions on Residence.
The Impact on Permanent Resident Status
If a non-citizen obtained a green card through marriage and the marriage had already surpassed the two-year mark at the time of the green card application, the non-citizen will be considered a permanent resident. In such cases, a divorce will not directly affect their permanent resident status, as long as they are able to demonstrate that the marriage was genuine.
Proof of joint assets, shared bank accounts, joint bills, and joint tax filings may be required to establish the validity of the marriage. The onus is on the non-citizen to provide evidence that the marriage was not a sham solely aimed at obtaining immigration benefits.
Other Immigration Considerations
Divorce can have an impact on various other immigration applications, including naturalization—the process of becoming a U.S. citizen. To be eligible for naturalization, non-citizens must meet specific requirements, one of which is maintaining permanent resident status for a certain duration.
If a divorce jeopardizes the permanent resident status of a non-citizen, they may no longer fulfill the prerequisites for naturalization. Non-citizens who acquired a green card through marriage to a U.S. citizen may be eligible for naturalization within three years, whereas those who obtained permanent residency through employment or investment may have to wait for five years before qualifying.
Conclusion
Divorce carries significant implications for immigration status. It is imperative to consult an experienced immigration lawyer who can provide invaluable guidance on how divorce might impact the immigration status of a non-citizen. It is important to note that each case is unique, and individual circumstances must be taken into consideration when approaching this matter. Seek professional advice to fully comprehend the consequences and available options that pertain to your specific situation.