How Divorce or Separation Can Impact Your Immigration Status
How Your Marriage Status Can Affect Your Right to Stay in the U.S.
For individuals whose immigration status is tied to their marriage, divorce or separation isn’t just emotionally challenging—it can also have serious legal consequences. Whether you’re a conditional resident or your green card depends on your spouse, understanding how Maryland divorce laws interact with federal immigration policies is essential. This guide breaks down what you need to know to protect your future and your right to remain in the U.S.
Key Takeaways:
- Divorce or separation may impact your legal immigration status.
- Conditional residents must file Form I-751 before their green card expires.
- You may qualify for a waiver if your marriage ended in good faith.
- Maryland’s divorce laws influence how immigration officials view your case.
- A Maryland divorce lawyer can help protect your immigration future.
How Divorce or Separation Affects Immigration Status
If your immigration status is based on your spouse’s visa or green card, a divorce or legal separation can significantly affect your ability to remain in the United States. This is especially important for conditional permanent residents—those who gained status within the first two years of marriage.
USCIS will examine whether your marriage is legally considered over under Maryland family law. This includes absolute divorce, limited divorce, or formal separation.
What is Conditional Residency?
Conditional residency is valid for only two years. To remain in the U.S., you must file Form I-751 (Petition to Remove Conditions on Residence) during the 90-day window before your green card expires.
While both spouses usually file this together, if your marriage has ended, you can still apply alone by requesting a waiver and proving the marriage was entered into in good faith.
Proving a Good Faith Marriage
To demonstrate a genuine marriage, provide supporting documents such as:
- Joint lease or mortgage
- Shared bank or credit accounts
- Photos, emails, or travel records
- Proof of shared responsibilities or children
Even after divorce, you may still be able to secure a green card—but timing and documentation are critical. Learn more about these issues by exploring our practice areas.
Divorce and Delays in Naturalization
If you are already a permanent resident, divorce won’t revoke your status. However, it may delay your naturalization process. For instance, instead of applying after three years of marriage to a U.S. citizen, you may need to wait five years. If you’re dealing with a complex situation, our military divorce and custody team can help navigate additional complications.
Maryland Divorce Law and Immigration Interpretation
In Maryland, the type of marital status change matters:
- Absolute Divorce – Fully ends the marriage.
- Limited Divorce – Legal separation, but the couple remains married.
- Separation – May still be interpreted as the end of the marriage by immigration authorities.
USCIS and the Board of Immigration Appeals will consider Maryland law when deciding your case. If you’re unsure where to begin, visit our Firm Overview to understand how we can support you.
Call a Maryland Family Law Attorney for Help
Divorce is stressful—especially when your right to remain in the U.S. is at stake. At The Burton Firm, we understand both Maryland family law and the immigration consequences that may follow.
Our experienced legal team is here to help you make the right decisions to protect your status, your family, and your future. Get to know the attorney who will advocate for your best interests by reviewing our Attorney Profile.
Request a Consultation Today
The Burton Firm has helped clients across Prince George’s County, Charles County, Montgomery County, and the greater D.C. area. Whether you’re dealing with a divorce, separation agreement, or child-related legal matter such as a CINA case, we’re ready to help.
Call (301) 420-5540 or request a consultation online today. We have convenient locations in Forestville and Upper Marlboro to better serve our community. You can also stay informed by reading our latest updates on the blog.
Learn more about our firm or return to the home page.