Do I have to leave the US because of my immigration status after my divorce? 5 Answers as of December 28, 2010My husband has an E2 visa and I am an E2 spouse visa. We want to get divorced in the US, where we were married. Do I have to leave the US after the divorce or is my I-94 still ok for the stay?
Pacifica Legal Services | Floyd Fernandez
Unfortunately, the E-2 visa for you is a derivative one only. That will lapse upon the official entry of the divorce order into the public record the day it becomes effective. You must leave the U.S. at that point, unless you have another means of obtaining a visa through a change/adjustment of status. You can leave the U.S. within six months without penalty, after which you are subject to a three-year ban on application for an immigration benefit. If you have any other questions, feel free to e-mail or call.
Answer Applies to: California
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
In the absence of your changing your status to some other legal non-immigrant or immigrant status, your legal status to remain in the US will terminate with the termination of your marriage, which is typically when your divorce becomes final or absolute, which is often after a 90 or 120 day period of the granting of the divorce by the family court judge, though in some states the divorce takes effect instantly. While your legal right to remain ends with the divorce, your will not begin to accrue "unlawful presence" until the date on your I-94 arrival/departure record expires or until such time as USCIS or an immigration judge determines that you have violated your status or no-longer have the right to remain the US. Your E visa however, will automatically become invalid and can no longer be used to enter the U.S.
Answer Applies to: Massachusetts
Law Office of Immigration & International Trade Law | Linda Liang
Once you divorced your husband, your visa is invalid. Yes, you should leave the country and come back on another one if you want to.
Answer Applies to: Florida