Would Immigration Standing Undergo Change Post Divorce in US?

Many persons gain the prized Permanent Residency (PR) status of the US only because they are married to a national of the country. Still, there is a condition to be met. A key prerequisite is to be in the matrimonial relationship for not less than two years, in the wake of tying the knot. However, there may be cases wherein a migrant may not be in a position to save his marriage, courtesy certain inescapable and not-too-positive situations. Will he lose his immigration status in such a case–this is one question, the answer to which is sought by many.

Avenues to Obtain the PR

Several individuals attain the PR status in US via getting hold of a job offer. There are still many who obtain a job and the same permits them to gain a US Green Card. It, as a result, enables them to stay and do a job in the country, on an official basis. Getting wedded to an American national is definitely a way to attain the PR.

Divorce’s Consequences on Immigration Standing

When a partner gains the lawful position of the H-4, which is solely based on the lawful standing of his mate, who is in the nation with the standing of the H-1B specialty employee, then, if the person gets legally divorced, he would lose his PR standing.

Or else also, in case an immigrant acquires PR just because of his partner, then breaking-up the wedding, prior to two years, would denote that the PR standing would get transformed into what is known as “Conditional Permanent Resident Status”.

The person would positively get a chance to show that the divorce was non-expected, and that he did not enter matrimonial relationship just for the sole object of obtaining PR Status. He will have to duly establish that his aim was never to skirt the nation’s immigration rules.

Steps One May Take

The other half with provisional permanent resident standing and the person with citizenship are advised to present a joint petition about doing away with the residency position’s conditions. The same ought to be done, prior to 90 days of the expiry date of the permanent residence standing.

There is a condition to file a petition for a waiver in case one may establish that the wedding was executed with every good objective. In all likelihood, an alien wedded to a US citizen may submit a petition for citizenship just post three years of stay, lest he has to reside for not less than 5 years, prior to he submits his submission.

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