Divorce is always painful and complicated. But divorce can be even more challenging when your immigration status depends on your spouse. However, getting divorced does not necessarily mean you will be deported, but you should discuss your case immediately with a Chicago immigration divorce lawyer.
Getting divorced in Illinois will not automatically revoke your permanent resident card for the US. However, it has an effect if you have a non-resident immigration status:
This visa is given to a spouse who entered the United States under the other spouse’s visa. For example, your H-4 visa depends on your partner’s H-1B visa.
This status is given to the spouse of an immigrant that has been married to a US citizen or permanent resident for at least two years.
A conditional resident has three years to become a citizen instead of the normal five years. To qualify, you must prove that you were married to a US citizen or permanent resident for at least three years. But if you divorce before the three years is finished, you must wait five years to apply for citizenship.
Do you want to become a US permanent resident after a divorce? First, you must file Form I-751 – Petition to Remove Conditions On Residence. You also must make a request to waive the usual requirement to file the form with your spouse.
However, the US government will take action if you have a dependent visa. They will revoke your immigration status automatically after the divorce is finalized. If verbal or physical abuse was part of the marriage, you might be able to address this issue with a Chicago immigration divorce lawyer.
If you are a conditional resident of the US, you must file for permanent resident status after two years in the US. Also, you will lose your status and be deported if you divorce. But if you got permanent residency before the divorce, it does not affect your status.
Further, non-citizens who divorce must wait five years to get a permanent residency card. This is two years more than the usual three years if you were married and were a conditional resident. After you qualify for a green card, the government will check your immigration history and will want to know if the marriage was not fraudulent.
If you are in the middle of a divorce in Chicago, your immigration status can be a complicating factor. What happens to you if you are not a citizen of the United States and your being here legally depends on being married? Talk to a Chicago immigration divorce lawyer today for assistance about this important issue.
Our Chicago divorce attorneys can help with your divorce issues. Our attorneys handle cases in Chicago, Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact Gordon & Perlut, LLC at (312) 360-0250 for help.