Residents of Georgia and those involved with family law might want to know about this article and the affect of divorce on immigration status. Some marriages are based on bonafide relationships, while others are known for being the “easiest and fastest” way to become a legal U.S. citizen. Because of this, a plethora of complex laws were instituted to prevent fraudulent marriages.
According to this article in FindLaw, there are only three questions that those in family law need to know regarding immigration law and divorce. If the client is an alien, then two more questions need to be answered. (An alien is anyone who is not a citizen or national of the United States.)
Is the immigration status based on the marriage of that person? (Or, can legal status be obtained at some future date based on the marriage?) Will the divorce result in that client losing that status or future eligibility? Non-immigrants, on a temporary stay, may loose that status upon dissolution of their marriage. Dependents may also lose their status.
If the alien is already a “full” permanent resident, the fact the marriage ended in divorce should not affect his or her status. That is, unless it was a sham marriage entered into solely for the purpose of acquiring immigration benefits. The lawful permanent status can be revoked, if found out that the marriage was fraudulent.
Immigration can be affected by divorce, and it is important that an attorney versed in immigration law be consulted when divorce is imminent between an alien and a resident. There are many rules and exception when it comes to divorce between an alien or a permanent resident, so it is important to work with an attorney who might help a person navigate through the complex laws of immigration, marriage and divorce.
