Immigration And Criminal Defense Lawyers

Will your divorce mean you get deported?

On Behalf of | Jul 2, 2024 | Immigration Law |

Recently, your spouse told you that they would like to get a divorce. This may not be what you want, but you know that you can’t prevent a divorce from happening. If your spouse wants to end the marriage, they have the right to do so.

However, you are concerned about what this may mean for your future. You were an immigrant when you came to the United States. Due to your marriage, you got a green card so that you could stay in the country. This allowed your relationship to continue. But now that your spouse has asked for a divorce, does that mean that you’re going to lose your green card and get deported? 

Deportation can happen, but is uncommon

It is technically possible to be deported after a divorce. But for most couples, this isn’t an issue that they have to worry about. As long as you had a legitimate marriage, and it ended in a genuine divorce, the government is not automatically going to deport you. Marriages do end, and there is nothing inherently wrong with that, especially since you weren’t even the one to file for the divorce in the first place.

When deportation does become an issue is if the government thinks you engaged in green card marriage fraud. If they believe that you were never in a real relationship, but that you just pretended to be married to get a green card and then got divorced after you did so, you could face legal trouble. 

This is when it’s important to know about all of the options you have and the steps you’ll need to take. Though these cases are rare, they are something you should take very seriously.