Is this person considered an American citizen after the divorce?

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?

Answer:

Generally, the application for naturalization through citizenship of a spouse must be made before the marriage is terminated by divorce.

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

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.