Immigration has always been a somewhat confusing and daunting subject. That is certainly truer today than perhaps it has been in quite some time. Therefore, it is important to understand more about the issues, and here specifically, how immigration affects marriage and then separation or divorce.
When an immigrant marries a US citizen, they are granted conditional permanent residence. After two years, if the couple is still married, the spouse can apply for permanent residence. However, if the couple is no longer together, then things get more complicated.
For marriages of less than two years, the immigrant spouse is eligible for deportation. However, there are also exceptions to this rule. If the marriage is proven to be bona fide, that is, not just a vehicle for obtaining residency, then the immigrant can obtain resident status.
However, it is sometimes easy to argue against this, and it is an area where the courts are protected. Previous estimates by Homeland Security Investigations indicated that between approximately 12,500 and 37,500 marriages each year in the US are fraudulent or in bad faith. That is no small matter, and will come under increasing scrutiny in the political climate in which we find ourselves.
There are also issues at hand from the extreme hardship of deportation, as well as the cause of the divorce, such as domestic violence or cruelty. So there is no cut and dry decision either way. When marriages end after five years, the spouse will not normally be deported. However, obtaining full permanent residence may take longer.
Another consideration is that the citizen spouse may still be financially responsible for the immigrant party they divorced. Essentially, the citizen is legally considered a sponsor for up to a decade, and if the other party needed government assistance, he or she could be responsible for paying for it.
There is an almost unlimited range of permutations to these rules. Ultimately, the main factors to consider are the timing of the marriage and the length of the relationship, the bona fide nature of the relationship, the citizenship and residency status of both individuals, and what type of documentation was submitted, by whom. did and when.
There’s a lot to consider here, clearly. And while immigration is a federal matter, divorce regulations are handled on a state-by-state basis. That is why it is always essential that if you find yourself in this position, you consult with an experienced legal professional from your local area. Do not make assumptions or try to handle anything on your own, as it will clearly be to your advantage to have legal assistance by your side.