US Legal Forms
Legal Resources
Questions & Answers
Immigration
Does divorce affect citizenship status for an illegal alien married to a citizen?

Does divorce affect citizenship status for an illegal alien married to a citizen?

Q: What happens if you marry a non-U.S. citizen and then divorce?

If you marry a non-U.S. citizen and then divorce, their immigration status may change. If they were granted residency through the marriage, they could be at risk of losing that status. They may need to seek legal advice to understand their options for remaining in the U.S. after the divorce.

Q: Can you be deported from the US after a divorce?

Yes, you can be deported from the U.S. after a divorce, especially if you are an undocumented immigrant or your residency was based solely on your marriage. Divorce can affect your immigration status, so it's important to seek legal advice to explore your options.

Q: What happens if an immigrant gets divorced?

If an immigrant gets divorced, their immigration status may be impacted, particularly if they were in the U.S. on a marriage-based visa. They might need to seek legal counsel to understand their rights and options for remaining in the country, especially if they do not have other grounds for legal residency.

Full question:

If an illegal alien marries an American citizen and is never naturalized, is divorced by the American citizen, is this person considered an American citizen after the divorce?

Category: Immigration
Date: 04/07/2025
State: Maryland

Answer:

Generally, to apply for naturalization based on marriage to a U.S. citizen, the application must be submitted before the marriage ends in divorce. Therefore, if the illegal alien is divorced without having applied for naturalization, they do not automatically gain American citizenship.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when you divorce an immigrant?

When you divorce an immigrant, their immigration status may be affected. If the immigrant is a conditional resident based on marriage, they may need to apply to remove conditions on their residency. If they are undocumented, the divorce does not grant them citizenship or legal status. They may face deportation risks if they do not have other legal grounds to remain in the U.S.

What happens if you marry a non-U.S. citizen and then divorce?

How long are you financially responsible for your immigrant spouse after divorce?

Financial responsibility for an immigrant spouse after divorce typically depends on the terms of your divorce settlement. If you signed an affidavit of support, you may remain financially responsible until the immigrant becomes a U.S. citizen or can be credited with 40 quarters of work. This obligation does not end with divorce.