Since 1998, nearly 2.5 million people have obtained green cards by marrying United States citizens. Divorce statistics being what they are, it is likely that half of those marriages, even those between parties who were once sincerely loving partners, will end in divorce.

When a marriage ends, a spouse who has not yet obtained permanent residence or US citizen status could be in danger of losing the right to continue to live in here. Spouses of employees who have been transferred to the US for work are granted temporary resident status. That status could be in jeopardy if the marriage is dissolved.

If a temporary resident divorces a US citizen and wishes to continue to reside in the US, he or she may apply for a waiver.

The US Citizenship and Immigration Services (USCIS) uses these guidelines to determine whether the non-citizen’s waiver will be granted:

• The marriage must have lasted for more than three years.
• The couple can prove they have lived together, shared bills, bank accounts, and own property together.
• The couple has children together.
• The non-resident spouse can prove deportation would cause hardship or endangerment.

A waiver may also be granted if the non-resident spouse proves the marriage to a US citizen was abusive,  including by Final Restraining Orders, police investigations, and the like. The applicant may also submit photos and other physical proof of the abusive nature of the marriage. Investigators from the USCIS also may obtain proof by interviewing neighbors, employers, coworkers, and relatives.

If a permanent resident is married to a US citizen, they get a three-year conditional temporary permit. If the parties are not married, the permit is conditional for five years. Once the temporary period has elapsed, the resident is granted permanent residence status until they complete the process required for full citizenship. If the marriage ends during the three-year period, the spouse who is not a US citizen may have to wait the full five years before being eligible for citizenship.

Once a person is a permanent resident, divorce does not affect the person’s ability to live and work in the US.

Divorce can complicate your immigration status if your spouse sponsored your US residency or if you are a non-citizen relocating to the US for work. An experienced immigration attorney will clarify your residence status and protect your right to continue to live and work in the US following your divorce. We work with immigration specialist attorneys at the same time as we represent the party seeking permanent residency status.  Call Hanan M. Isaacs, P.C. to schedule a reduced fee initial consultation today. At our Central NJ offices, we take all major credit cards (except Ames) and offer flexible hours for your convenience. Call 609-683-7400 today for a near-term appointment.  You will be glad you did.