Florida Attorney Sergio Cabanas discusses the conditions on immigration status when marrying and divorcing a US citizen spouse.
00:00 Introduction
00:06 Will I Get Deported if I Divorce My US Spouse?
08:30 Outro
Para la version en español, ver aquí:
¿Me deportarán si me divorcio de mi cónyuge Estadounidense?
• ¿Me deportarán si me d...
**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm through (954) 329-0441. We are open from 9AM to 5PM, Mondays to Fridays.
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Transcript:
"Sergio, I'm married to a US citizen or a US permanent resident, and, through that marriage, I've applied for a legal immigration status."
"Right now I have a conditional immigration status and is pending a final review."
"However, it now appears that my spouse and I are headed towards the divorce."
"What will happen?"
"Will I lose my legal status?
Will I be deported?"
"Is there anything I can do to save my immigration status?"
To best answer that question let's take a rule at the general rule.
General rule is that a foreign national can achieve legal immigration status here in the US through a marriage with what I call a US spouse.
And when I say US spouse that means a US citizen or a person who is a US permanent resident.
However, immigration laws only grant a conditional status when the marriage is less than two years.
Now, why do the laws work this way? Well, one obvious reason is that the law wants to do what it can to avoid fraudulent marriages.
Meaning, they're concerned about foreign nationals marrying US spouses in the hopes of achieving some kind of legal status, when they had no intention of remaining with that person.
Now, in the effort to avoid that, immigration laws only grant conditional status for a certain period of time, in this case will be two years, and they grant an initial interview to see if you have at least the workings of a bona fide marriage.
That is, a real marriage to them.
If so, then they would give you a conditional legal status and that was pending a final review two years later, so that they have a history of two years to see if the marriage is really a real marriage or a bona fide marriage, as opposed to a "fake" or fraudulent marriage.
Now, that means that the second interview is a little more aggressive, a little more strenuous, in a sense that, immigration officials then have a history of two years to review the circumstances of your marriage, to make sure that it's a real bona fide marriage.
However, what happens if divorce occurs?