Is your case stuck in administrative process? We can help you by completing this form.

Immigration Lawyer
San Diego

Immigration Lawyer of San Diego

Spread the love

Some immigrants obtain green cards by marrying a citizen of the United States. If that marriage ends, the divorce can have drastic consequences for the immigrant spouse.

Several factors may impact how marriage dissolution influences immigration status. If you are wondering how divorce can impact a green card in San Diego, contact an experienced attorney from Hacking Immigration Law, LLC. An attorney from our firm has the time, skills, and resources necessary to advise you of your legal rights and answer all of your questions.

Marriage and Conditional Permanent Residency

When a person obtains their green card because of marriage, that green card holder has conditional permanent residency. Conditional permanent residency status lasts for two years, at which point the immigrant may have the opportunity to petition for unconditional status.

Conditional permanent residency is effectively a period in which the government determines that the marriage is legitimate and not a way of obtaining an easier path to citizenship. Other than the conditional provision, this green card comes with all of the benefits and obligations of any other permanent residency status.

An immigrant who is divorcing while on a conditional permanent residency visa may risk their ability to remain in the country, and may result in deportation in some cases. Anyone who may be at risk of losing their green card following a divorce, should speak to an experienced attorney in San Diego.

Obtaining a Waiver for Conditional Permanent Residency

Near the end of the two years, immigrant spouses must file a joint petition to cease the conditional immigration status. If the spouse with citizenship refuses to file the joint petition because of an impending divorce, the immigrant can file the waiver to avoid this requirement to file jointly. Seeking a waiver may require the immigrant spouse to show their good faith in entering the marriage and that extenuating circumstances have kept them from filing jointly. Individuals with conditional permanent residency status may apply for a waiver if they are getting divorced from an abusive partner or would face extreme hardship if deported following the end of their marriage. Anyone seeking a waiver should speak to a lawyer to learn more about their options and rights for protecting their green card in the event of a divorce in San Diego.

Unconditional Permanent Residency Status and Divorce

If a person has unconditional permanent residency status, the divorce should not threaten their ability to maintain their green card. However, a divorce still may impact their attempt to become a citizen.

Before an immigrant can apply for citizenship, they must meet the residency requirement. While those who are not married to a US citizen typically must wait five years to apply for citizenship, those who are married only have to wait three years. As such, divorce can impact these different waiting periods.

For instance, if the couple stayed together for three years, the immigrant would no longer have to meet the five-year requirement. However, if a couple divorces before three years, then the wait time before they can apply for citizenship increases to five years. An attorney in San Diego could explain the implications of divorce on and on an unconditional permanent resident with a green card.

Annulment Based on Fraud

If a U.S. citizen believes that their spouse married them only to obtain a green card, they can seek an annulment of their marriage. When this happens, the immigrant may face severe consequences, including losing their permanent residency status.

It is important to note that falsely claiming that an immigrant committed marriage fraud can lead to criminal charges for the citizen. Any immigrant facing such allegations should defend themselves with the assistance of a local attorney.

Contact a San Diego Attorney to Learn More About How Divorce Could Impact a Marriage-Based Green Card

Receiving legal permanent residency status through marriage comes with many complex legal nuances. As such, dissolving this marriage could negatively impact your immigration status if you received your green card because of your spouse. Wondering how divorce can impact a green card in San Diego may only lead to stress and anxiety. Speaking to an attorney is the best way to obtain answers to all of your questions.

Get in touch with
a HIL immigration attorney in
San Diego

Navigating the maze of U.S. immigration law can be tricky for anybody, especially if English is your second language or you have unique circumstances motivating you to move here. Fortunately, if you are unsure about any areas of immigration or the naturalization process, help through an immigration lawyer (San Diego) is available at the Hacking Immigration Law LLC.

Retaining one of our dedicated San Diego immigration lawyers could help you both with USCIS and other U.S. immigration authorities. To find out how immigration attorneys could help you with your specific case, call us today to schedule a consultation.
This site is protected by reCAPTCHA and the Google Privacy 
Policy and Terms of Service apply.

What They Say About Us

Our Lawyers Have Received Over 500 Google Reviews

Sriram Devanathan

im is a great attorney who always has his human side “ON”. The clients come first to him. When approached for time sensitive issues, he was readily available and was prompt. I have had to reach out to him for myself & have recommended him to others. He always welcomed everyone and gave patient hearing. And he would not mind recommending other attorneys’ if he feels that they would better serve that particular case. Even if it means one less client for him. That sums up who Jim is. Thank you Jim!

Justin Charboneau

Jim and his team are extremely knowledgeable individuals. It is great to have someone like this on your side. I have and will continue to recommend Hacking Law Practice, LLC to anyone who needs legal advice on immigration issues.

Bouchra Aanouz

This firm was amazing helping me with my husband’s case. Jim and his team were very responsive to all my questions and concerns. i wish I had consulted them earlier as my husband’s case was stuck in Administrative Processing for over a year and a half. Two months after I gave my case to Jim, my husband was granted his visa. Would definitely recommend them and already have recommended them to my friends.

As seen in

Got Questions? We’ve Got Answers

The attorneys at the Hacking Immigration Law are dedicated to helping the foreign-born people of St. Louis to live and work in the United States. This dedication is reflected in the kind and grateful words of the clients they have helped. Read what others have to say about the hard work that the Hacking Immigration Law has done to help those in St. Louis.

Does paying for premium processing on an H1B case mean I will find out sooner if our case was selected in the lottery?

Premium processing is an add-on service that USCIS offers for a variety of immigration cases, primarily in the employment-based visa categories.Premium processing costs an additional $1225 in USCIS filing fees.

What is the H-1B visa lottery and how does it work?

In 2014, USCIS received more than 172,000 H-1B visa applications on the April 1st deadline, exceeding Congress’s cap by 87,000 applications.

Can an Unmarried Son or Daughter of a Lawful Permanent Resident Keep Their F2B Visa Classification After Their Sponsoring Parent Naturalizes?

The immigration laws treat the adult, unmarried children of citizens differently than the adult, unmarried children of lawful permanent residents.

What is the "newspaper of general circulation" for PERM job postings?

The Department of Labor requires employers to advertise positions that they intend to submit a PERM application on to publish the job position in the local newspaper of general circulation.

Can I Apply for Citizenship with an Expired Green Card?

In the past, USCIS and some immigration attorneys believed that you could not become a naturalized citizen if you did not have a valid green card (LPR) card to bring with you to your naturalization interview.

Is there such a thing as expedited removal of an immigrant and, if so, what is it?

Most people believe that removal orders or “deportation” orders only happen when you go to the immigration court and see an immigration judge. Unfortunately, this is not the case.

Does testing positive for HIV make someone inadmissible to the United States?

On January 4, 2010, the United States officially removed Human Immunodeficiency Virus (HIV) infection from the list of “communicable diseases of public health significance” that make an individual ineligible for admission to the United States.

Are there any special visas for translators who assisted US forces in Afghanistan or Iraq?

Under United States immigration law, there are two Special Immigrant Visas available for Iraqi citizens or nationals who have worked for the United States.