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Divorcing without losing your permanent residence status

You married your spouse in good faith, expecting your new life together in Michigan to be a loving one where you both would thrive. However, sometimes relationships just do not work out. If you are an immigrant and your residency in the United States is conditional on your marriage, you may wonder whether you must stay in the unhappy relationship to keep from losing your status. We at The Law Offices of Lorrie J. Zahodnic, P.C., understand the allowances the law makes for people in these circumstances.

At times, there are ways to rescue a relationship, such as mediation or therapy, but this requires you and your spouse to both agree to work on the relationship together. If your differences are so great that you cannot overcome them, the emotional trauma of ending the marriage can be stressful enough without adding fear of deportation to the mix. If you have a child, there may be additional worries about the custody issues that may arise if you and your spouse live in separate countries.

The U.S. Citizenship and Immigration Services explains that even though you acquired permanent residence conditionally based on your marriage of less than two years, you can apply to have those conditions removed. If granted, this waives the requirement you and your spouse had to file jointly. Relevant factors include that you did not get married in order to gain citizenship, but had a real relationship, and that being forced to leave the country would cause you extreme hardship. 

More information about the legal aspects of ending your marriage is available on our webpage.

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Lorrie J. Zahodnic

"I will hold you up until you can stand on your own two feet."

Lorrie J. Zahodnic, P.C. has provided skilled and compassionate legal guidance to Michiganders in family law matters for over 20 years.

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