Whether someone who gets a divorce will depend on both their own immigration status and, possibly, the status of their ex-spouse.
According to a public legal resource provided by another state, a person who is a lawful permanent resident should not have to worry about their immigration status because of their divorce. However, it could mean a longer wait time before they are allowed to ask for citizenship.
On the other hand, someone who received permission to immigrate within two years of their marriage to an American citizen or permanent resident of the United States may need to adjust their status to stay in the United States legally.
Typically, people who fall into this category receive conditional residency based on their marriage. Conditional residency is for two years. If still married, near the end of the two years, the person can apply for permanent residency.
However, if their marriage ends, they will have to act to remain legally in the United States. If they try to protect their immigration status, they will likely need to prove to federal authorities that they married in good faith and not just to immigrate to the United States.
Finally, those who are lawfully in the United States as a “dependent” of a person who holds a visa will likely need to adjust their status if they divorce. Without being married to the holder of the visa, they will not be able to live and work in the United States legally.
There are paths forward both for conditional residents and dependents, especially if they are victims of domestic violence.
Non-citizens in the Buffalo area who are facing divorce should know their options
The interplay between divorce and this country’s immigration laws can be complicated. A non-citizen who is living in Buffalo or other parts of western New York will want to understand their options if they are facing marital difficulties or the threat of a divorce.