What will happen to my immigration status if I get a divorce? 7 Answers as of January 20, 2011

At the age of 5, my mom illegally brought me to the US. I have no criminal record and graduated high school in 2004 and I wanted to continue with college but was unable to do so. I have no kids, have been married for 5 year to a US resident that has petitioned for me. However, I would like to know what would happen if a divorce was to take place. What would happen to me?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Your current spouse might decide to no longer sponsor you and withdraw her petition filed in your behalf.
Answer Applies to: Virginia
Replied: 1/20/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If you divorce before you get your residency you will have find another way to get your status legal.
Answer Applies to: Florida
Replied: 1/20/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Even if the petition is approved, you won't be able to adjust your status. If you have evidence of domestic violence, you may self petition. You should hire a lawyer though because it could be a tough case to prove. You are more than welcome to give us a call.
Answer Applies to: Florida
Replied: 1/19/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
If married for over two years your husband can file for you. But you must complete this process before a divorce.
Answer Applies to: Tennessee
Replied: 1/19/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you get divorced before receiving your conditional resident approval your case will be denied and you may or may not get a Notice to Appear. If you qualify as an abused spouse you may be able to continue the process by self-petitioning.

We would be happy to consult on your case. Our consultation fee is $350 per hour and any fees paid for consultation would then be a credit toward the fees for your case if we are retained after the consult for further work.
Answer Applies to: California
Replied: 1/19/2011
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    Since the DREAM Act failed to become law and you entered without inspection, you cannot adjust your status to become a lawful permanent resident by virtue of your spouses' petition for you. Therefore, the possible divorce from your spouse does not seem to have any effect on your current situation.

    Of course, you cannot rely on this general information instead of proper immigration advise and thus I advise you to consult with an immigration lawyer concerning your individual situation.
    Answer Applies to: Florida
    Replied: 1/19/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Nothing happens to you because of the divorce, but you will obviously be unable to use the petition filed by your LPR husband to get permanent residence. Divorce and marriage are primarily functions of the state and there is no immigration involvement.
    Answer Applies to: Virginia
    Replied: 1/19/2011
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