While it seems like a divorce may lead to a denied petition or even
deportation, most foreign-born spouses going through the divorce
process will be granted conditional permanent residence if they do not
choose to withdraw their immigration application.
How is this possible? By filing a waiver.
If you were in the process of getting a green card before the marriage
ended, you will not be able to secure one based on marriage.
However, if the marriage was a good faith union, you can apply for a
waiver of termination.
Here is what is needed for the waiver to be valid and accepted by US
Citizenship and Immigration Services (USCIS):
– Proof that the marital union was valid, such as photographs, evidence
of shared property or leases, joint bills and other evidence of a life
– and / or –
– Proof that the immigrant spouse will suffer extreme hardship if sent
back to his or her country of origin, such as a statement about the life
built in the US thus far.
Examples of the above proof along with the waiver will establish that
the marriage was valid and that you should not be denied permanent
Therefore, as long as your marriage was not fraudulent, divorce should
not affect the immigration process.
Contact us for more information.