Will you get deported if you get divorced?
Group photo of the attorneys and staff of Corona Law Firm, P.A.
Will you get deported if you get divorced?
Group photo of the attorneys and staff of Corona Law Firm, P.A.
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Will you get deported if you get divorced?

On Behalf of | Oct 29, 2021 | Uncategorized

You came to the United States to get an education, so you used a student visa. While in college, you met your future spouse. The two of you got married fairly young, but doing so allowed you to get a green card and stay in the U.S. long after your visa expired. 

Now your spouse has asked for a divorce. You are sad to see the relationship end, but it feels like the right time for it. What you’re really worried about is your immigration status. You got that green card because you married a citizen. Are you now going to lose it and get deported once you’re no longer married? You haven’t lived in your home country in years and have no desire to go back — plus, child custody will be nearly impossible across borders. What happens now? 

Deportation is possible, but not common

Generally, you get a conditional status for approximately two years when you get married. You and your spouse can then ask for your status to be made permanent with the conditions lifted. If you get divorced after this, you won’t be deported, and you can even get divorced before this and still ask for the conditions to be lifted if you had a good faith marriage. 

The real threat of deportation arises if it appears to the court that you only got married to get that green card. This makes the whole thing appear to be fraudulent, especially if you quickly divorce. 

When things get complicated, you don’t want to make any mistakes. Be sure you know what legal options you have to protect your future.