The Effect of Divorce on the Legal Status of Some Alien Non-Immigrants - Shankar law

The Effect of Divorce on the Legal Status of Some Alien Non-Immigrants

Aliens who got legal status in the United States through marriage to another alien non-immigrant fall into one of several categories. For example, the spouse of an H-1B speciality worker may be eligible for H-4 non-immigrant status based solely on the H-1B spouse’s legal status. In some cases, the alien’s marriage to the non-immigrant is a prerequisite for the alien’s non-immigrant status. In some cases, the alien parent’s unmarried minor children may be granted legal status in the United States as a result of the alien parent’s marriage to a non-immigrant.

H-4 (as indicated above), F-2, and J-2 are the most common examples of this type of status. In essence, these are the legal statuses of the dependents of H-1B, F-1, and J-1 visa holders. The bearer of the dependent legal status would be out of status immediately if the marriage was canceled, as the relationship that granted that status would be terminated as well. As a result, a derivative alien non-immigrant (H-4, F-2, or J-2) would have to obtain an alternative legal status in order to legally remain in the United States before the divorce.