How To Retain US Residency After A Divorce

In the United States, there are approximately 400,000 marriages taking place between United States Citizens and foreign nationals. In some cases these foreign nationals have never been to the United States. However, after marriage they decide to move to America.

The government of the United States has a law specifically designed for such marriages. The non-resident aliens who are married to citizens of the United States are given a conditional residency for a period of two years. Under the provisions of this residency, married immigrants:

- Can reside in US legally for a period of two years.

- Can retain their residency for the entire term irrespective of the survival of their marriage.

- They are reevaluated at the expiry of the term of two years.

In a majority of the cases, individuals who stay married to their Native American spouses are granted permanent residency as green cards. After getting a green card, the individual can keep his or her permanent residency even after she has divorced his or her American spouse.

When marriages fail to last the two year period of conditional residency, then the foreign national has to decide what steps he/she has to take. If the marriage happens to terminate before the two year conditional period of residency, then the foreign national can stay in America till the second anniversary of his or her legal residency.

During this period of conditional residency, the foreign national is allowed to apply for permanent residence in the US through the right legal channels. If the individual wants to return to his or her home country, he /she are most welcome to do so.

A thing to note is that individuals who want to reside in America but do not gain permanent residency post divorce , will be subjected to deportation after the expiry of the two year period of conditional residency.

Divorce can delay the right of the spouse in procuring citizenship in few cases. For example, a divorced spouse with a green card who had been married to a U.S citizen will not be able to make use of the short two year residency requirement, if the spouse does not remain married to the US citizen for two years prior to the naturalization exam date. If the holder of green card spouse; divorces the US citizen before two years, he /she will have to wait till the five years residency requirement has been fulfilled to become a naturalized citizen of USA. They will not be able to take advantage of the of the two year requirement for residency.

Divorce does not eliminate the chances of a foreign national from residing permanently in USA. The only thing is that the application has to be done at the right time and through the correct channels. They should take advantage of the two year conditional residency. This will give them access to citizenship of United States quickly. It will not be delayed for five years.

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