Divorce before Permanent Residence is Granted - Shankar law

Divorce before Permanent Residence is Granted

An alien can gain permanent residence status through their spouse in one of two methods. One approach is to qualify as a direct beneficiary of an immigration petition filed by a sponsoring spouse who is a permanent resident or citizen of the United States. The alternative option is to qualify for permanent residence status through a petition in which the alien’s spouse is allowed to list the alien as a derivative beneficiary on his or her immigration petition. In both cases, the immigrant is the beneficiary of a marriage-based immigration petition. The beneficiary or derivative beneficiary will not be eligible for permanent resident status through this relationship if the marriage is ended by divorce before permanent residence status is granted (i.e., before adjustment of status is granted, for those aliens who applied for adjustment).

Other aliens, in addition to the beneficiary spouse, may rely on a marital tie to gain permanent residency. Through their “step–relationship” with their alien parent’s spouse, children of aliens who are married to a U.S. permanent resident or citizen may receive permanent residence status. A step-immigration parent’s petition may also name them as a derived beneficiary. If the marriage ends before permanent residence status is granted, the beneficiary or derived beneficiary kid will not be eligible for permanent resident status through this relationship, much like their alien parent.