Your immigration status may be affected depending on your green card status after getting a divorce. For people with permanent green cards, divorce won’t affect their status; however, it can delay their application for naturalization. Acquiring a permanent green card may also be challenging if you get divorced and hold a conditional green card.
This blog highlights how divorce affects immigration status and child custody cases.
Immigration and Divorce
There are two types of marriage green cards established by U.S. immigration law. The United States immigration authorities differentiate them depending on how long you and your spouse have been married. This is done to make sure your marriage is legitimate and not for immigration benefits.
Permanent Green Card
You can apply for a green card and get a permanent green card if you are a noncitizen, married to a United States citizen for the last two years. This is referred to as a 10-year green card. It is easier to renew it once you have a permanent green card. You do not have to prove your marriage’s legality during this renewal process.
Conditional Green Card
Immigrants married for less than two years may be eligible for a conditional green card. The green card only lasts for two years. After two years, a lawful permanent resident with legal status in the United States can apply to remove the conditions and get a permanent resident card.
This waiting period is present because the U.S Citizenship and Immigration Service (USCIS) wants to make sure that the marriage is legit and not for immigration pursuits.
Ways Divorce Affects the Green Card Status
Your permanent resident status will not be affected by a divorce, and your permanent green card must be renewed every 10 years. Form I-90: Application to Replace Permanent Resident Card must be completed. This form has no questions about relationship status once you get a 10-year green card.
However, you must file a waiver when renewing your green card if you have a conditional green card.
In the event you change your name after a divorce, for instance, by changing your last name back to your maiden name, you can update this on your green card. You only need to indicate the name change on Form I-90 and provide proof, such as a divorce ruling.
Does Immigration Status Affect Child Custody?
No parents’ legal citizenship status affects whether they can obtain or retain custody of their child. In a child custody case, judges are expected to guard against prejudice due to immigration or citizenship status. State laws that govern child custody decisions are based on what will create a healthy, stable, and safe situation for the child. Regardless of the parent’s immigration status, the court has the child’s best interest.
An immigrant or an undocumented spouse is eligible to get child support and can request it as part of child support if a spouse goes back to their native country due to an expired document or visa. The judge considers the ideal setting for the child, including any medical, financial, and educational opportunities.
Undocumented Immigration Status
Regardless of immigration status, parents have the legal right to parent their children. A parent can’t be given custody based on their status as a United States citizen or undocumented immigrant. Both documented, and undocumented parents hold equal rights over their children.
Pending Deportation and Child Custody
When awarding child custody, the court may take pending deportation into account. The court may consider this if deportation could negatively affect the child’s life. The court may devise a schedule to assist the deported parent in communicating with or visiting the child while working on the immigration process.
Hire a Nashville Immigration Attorney
Are you looking for a Nashville immigration attorney who cares about you and your family and will ensure your case is handled affordably and efficiently? Contact us at the Cassell firm today and schedule a consultation with one of our finest immigration attorneys.