If you are in the United States on a visa that was granted based on your spouse’s application, a divorce or separation may affect your lawful status and ability to stay in the United States. If you are a conditional resident, divorce may affect your immigration status. A conditional resident is when the person used his/her spouse’s status to immigrate within two years of their marriage. This includes entering the United States and adjusting your status while in the United States. Also, your status may be affected if it is based on your spouse’s current visa or pending application. For example, if you are married to an H1B visa holder, and your spouse has an approved adjustment of status application, but the priority date is not yet current, a divorce or separation may disqualify you as a ‘dependent.’ In this case, you may not be able to obtain a green card once the priority date becomes current. Therefore, every person’s situation may be different and it depends on many factors such as your spouse’s status, the immigration benefit you received, and how and when you received the benefit.
If you are seeking or facing divorce or separation, the attorneys at Zhou Law Group, APC understands how family law affects your immigration status. Please contact our office at (408) 289-9688 and/or visit our website at www.sanjoseattorneys.com to schedule your free half hour consultation.