QUESTION

How will a divorce impact my immigration status?

Asked on Sep 08th, 2014 on Immigration - North Carolina
More details to this question:
I married a US citizen in March of 2010 and received an unconditional green card in early 2012. Shortly after that we separated and I'm thinking about filing for divorce. I'd like to know how a divorce would affect my current status and how it would affect me going on to be naturalised.
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1 ANSWER

Immigration Attorney serving Honolulu, HI
Partner at Migration Counsel
3 Awards
Since your current green card is "unconditional" that means your marital status does not affect your green card status any more. So whether you stay married or not makes no difference to keeping your green card. However, once you are separated, you will have to use the 5-year residency rule for eligibility for naturalization. If you are married to your original green card sponsor, and living in a viable marital union, you can use the 3-year residency rule, but even a separation may disqualify you from eligibility. My view is that people should genrally do the right thing in making their life choices first, and sort out the immigration details afterwards. So if the marriage is no longer working out, I would not advise staying in the relationship in order to cut two years off your citizenship requirement.
Answered on Sep 08th, 2014 at 2:32 PM

This is general information, not legal advice, and no attorney-client relationship is made or implied.

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