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The separation between family law and immigration is not as far apart as you would think, and it’s why we practice both at ZafiroLaw. One of the reasons why is because of family-based immigration. This refers to obtaining a visa or legal permanent residency through a familial relationship with a US citizen or a legal permanent resident (LPR). Our system recognizes the importance of family, so they offer citizens and LPRs the chance to sponsor relatives and close family members.
However, some familial relationships end, and this is precisely where the overlap between family and immigration law exists. What happens if you go through a divorce before the immigration process is complete? In such cases, you need an attorney who understands both areas of the law so that they can guide you through these challenging circumstances.
When a Relationship Ends
When the basis of your immigration application is your spouse, the termination of that relationship can impact your immigration process. The concern for many people is whether their immigration journey will continue. For most people, it does but it will likely look different.
For example, when you first obtain a green card through marriage that is less than two years old, it is only valid for two years. You then have to re-apply for your status and to remove the conditions on your legal permanent residency when that period is over. In situations where you filed for your green card jointly with your spouse (who is a US citizen or an LPR) and you are getting or have gotten divorced, you will need to apply for a waiver. USCIS will examine your former relationship closely to ensure it wasn’t fraudulent. Having the guidance of an attorney is paramount to navigating through this.
When assessing a waiver request, the government looks at several factors, including but not limited to:
- Duration of the marriage
- Evidence of a genuine marriage relationship
- Reasons why your marriage ended or is about to end
- Extreme hardships the spouse will face if they return to their country of origin
Your attorney will compile the appropriate evidence and present a compelling case as to why the relationship was legitimate even though it ended.
The Death of a Spouse
Divorce is not the only way a relationship ends. Unfortunately, a spouse’s unexpected passing can complicate the immigration process. However, please don’t immediately assume that your immigration journey is over when it happens. When you meet with an attorney that understands both immigration and family law, you may find ways of demonstrating that you meet the eligibility requirements to continue without your deceased spouse. And because they also practice immigration law, your attorney may find other ways for you to become a legal permanent resident.
For instance, it may be possible to request a substitute for the petitioner after the death of a sponsoring spouse. In other words, another eligible relative or family member may take the role of the original petitioner and continue the immigration process on your behalf. Granted, the substitute would have to meet specific requirements, and this process can vary depending on your unique circumstances.
Get in Touch with ZafiroLaw
At ZafiroLaw, we practice, study, and continually educate ourselves about immigration and family law because we are committed to delivering comprehensive support and guidance to our clients. If you are trying to overcome some of the challenges associated with family-based immigration in the face of relationship breakdowns or unexpected circumstances, contact our office to schedule a consultation so we can work together to find the solution that makes your tomorrow better.
