One serious issue which arises when certain couples are facing divorce is that of their immigration status and residency. With controversial immigration laws and executive orders now seemingly leading the news cycle every day, one has to wonder how this affects couples who are separated or divorcing, and if there are major changes afoot here as well.
As guidelines stand today, conditional residents may have their legal status affected by divorce or separation. Your status may also be affected if it is dependent on your spouse’s status.
There are numerous factors to be taken into account here, though, as is the case with most such rulings. This includes the timing of the marriage and your residency, how much time has transpired since, how residency was filed and by whom, and more.
Even if you have been dependent on your spouse for your residency status though, that doesn’t mean you’re entirely out of luck. Once again, timing and filing matters are taken into account, and so is the concept of good faith, i.e., that you weren’t explicitly and solely trying to gain residency by marriage.
Divorce regulations are handled on a state by state basis, not with federal law. Therefore, across the country there may be different policies in place in terms of how immigration, residency and divorce are related.
Yet, new sweeping policies regarding federal immigration and visas are being handed down. This adds quite a bit of uncertainty, and divorce or separation only further muddies that water. Therefore, in today’s seemingly uncertain political climate, many individuals are surely worried about what may happen to them, or what may suddenly be changed.
We can only recommend that you stay atop the news and as always, consult with a professional who can help guide you through the process and any issues with arise. If you have any questions, feel free to call our office to schedule a free consultation. We’re available at 240.395.1418, and look forward to hearing from you and providing assistance. Additionally, if you are facing any of these issues, you may wish to speak with an immigration attorney.