Divorce and Immigration - Shankar law

Divorce and Immigration

Marriage may give non-immigrant status in the United States on aliens who marry other aliens with non-immigrant status in the United States. It may also provide immigration benefits to aliens who marry a permanent resident or a citizen of the United States. Finally, aliens who marry a beneficiary of an immigrant petition may be eligible for immigration benefits in the United States. 


When an alien receives an immigration benefit based on marriage to a U.S. permanent resident, U.S. citizen, or beneficiary of an immigrant petition, the alien’s pending immigration petition may be jeopardized if the marriage is terminated by divorce. When an alien’s conditional permanent residence was gained by marriage to a U.S. citizen or permanent resident, divorce may have a detrimental effect on the alien’s legal status. Divorce may also have a negative impact on an alien’s legal status as a non-immigrant in the United States if the alien’s non-immigrant status was based on marriage to certain classifications of non-immigrants. The following articles will go through the effects of divorce on immigration and non-immigration.