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  • Writer's picturePollack & Pollack Law

Does a Divorce Affect Your Immigration Status in USA?


Divorce can be a challenging and emotionally draining process, but it can become even more complicated for immigrants living in the United States. If you are a non-citizen and considering a divorce, you may be wondering how this will affect your immigration status in the country, specifically in the state of Florida. In this article, we will discuss the impact of divorce on immigration status and the steps you can take to protect your legal rights in the state of Florida.


Immigration Status in the United States


To understand the potential impact of divorce on your immigration status, it's important to first understand the different categories of visas and green cards that are available to immigrants in the United States. The two most common categories are:

  1. Non-immigrant visas - These are temporary visas that allow individuals to come to the United States for a specific purpose, such as work, study, or travel. Some examples of non-immigrant visas include H-1B visas for skilled workers, F-1 visas for students, and B-2 visas for tourists.

  2. Immigrant visas - These are permanent visas, also known as green cards, that allow individuals to live and work in the United States permanently. Immigrant visas can be obtained through family-based sponsorship, employment-based sponsorship, or other special categories such as refugee or asylum status.


Impact of Divorce on Immigration Status

The impact of divorce on your immigration status depends on the category of visa or green card you hold, as well as the specific circumstances surrounding your divorce. Here are a few examples:

  1. Divorce and non-immigrant visas - If you hold a non-immigrant visa and get divorced, it generally does not affect your legal status in the United States. However, if your visa was based on your spouse's status (for example, if you are on an H-4 visa as the spouse of an H-1B visa holder), your visa may be dependent on your spouse's continued legal status. If your spouse's visa is revoked or expires, your visa may also be affected.

  2. Divorce and conditional green cards - If you obtained a green card through marriage and have been married for less than two years at the time of your divorce, you may have a conditional green card. In this case, you may be required to file a joint petition with your spouse to remove the conditions on your green card. If you get divorced before the conditions are removed, you may be at risk of losing your green card and being deported.

  3. Divorce and permanent green cards - If you obtained a green card through marriage and have been married for more than two years at the time of your divorce, you have apermanent green card, and your divorce will generally not affect your immigration status. However, if your divorce is based on fraud or misrepresentation, your green card may be revoked, and you may be subject to deportation.


Steps to Protect Your Immigration Status in Florida

If you are considering divorce and are concerned about the potential impact on your immigration status in Florida, there are several steps you can take to protect your legal rights:

  1. Consult with an immigration attorney - It's important to consult with an experienced immigration attorney who can help you understand the potential impact of divorce on your immigration status and provide guidance on the best course of action.

  2. Review your immigration documents - Make sure to review your immigration documents, including your visa or green card, to understand the specific conditions and requirements.

  3. Consider a prenuptial or postnuptial agreement - If you are married or planning to get married, a prenuptial or postnuptial agreement can help protect your assets and clarify the terms of your divorce, which can be especially important if you are a non-citizen.

  4. Maintain legal status - It's important to maintain legal status in the United States, even if you are going through a divorce. This means keeping your visa or green card up to date, complying with immigration laws, and avoiding any criminal activity.

  5. Seek support - Going through a divorce can be a difficult and emotional process, especially if you are a non-citizen. Seek support from friends, family, or a mental health professional to help you cope with the stress and uncertainty.


In conclusion, divorce can have a significant impact on your immigration status in the United States, particularly if you are a non-citizen. It's important to understand the specific requirements and conditions of your visa or green card, consult with an experienced immigration attorney, and take steps to protect your legal rights. With the right support and guidance, you can navigate the divorce process while protecting your immigration status and securing your future in the United States.


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