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How Does Your Divorce Affect Your Immigration Proceedings

US immigration proceedings are complicated at the best of times. However, when you introduce divorce into the equation, these matters can become even more complex. If you are currently considering divorce, it is highly recommended that you discuss these matters not just with a Colorado divorce lawyer, but also with an immigration attorney.

The first thing to understand is that a divorce doesn’t necessarily mean an automatic denial of your immigration petition. Ending your marriage or filing for divorce does not necessarily mean that your immigration petition will immediately be denied based only on the fact that you are getting a divorce. Just because a marriage is in trouble is not a reason for the immigration petition to be denied. However, the Immigration and Naturalization Services will determine whether you entered your marriage in good faith, and whether there was a bona fide marriage. In other words, the agency will need proof that your marriage was in good faith, and was not entered into only for immigration purposes. If your marriage to a US citizen has ended in divorce within 3 years, you may have to complete five years of permanent residency, before you file citizenship papers.

If the petition is granted and you are granted conditional resident status, then you can still be eligible for legal permanent resident status, even if you get divorced. However, there may be problems with other aspects of the immigration process. For instance, you may find that there are delays in the naturalization or citizenship process.

If you are considering divorce and are currently in the middle of getting a green card, you may wish to speak to an immigration attorney immediately. A lawyer will advise you about the proper course of action that will have a minimal impact on your immigration proceedings.