| Immigrants who marry a U.S. citizen or legal | | | | At the end of the 2 year conditional residency period, |
| permanent resident can be granted a special status | | | | an immigrant spouse may apply for legal permanent |
| to live in the United States. This status is called | | | | resident status. However, if you have been divorced |
| conditional residency status, because the immigrant is | | | | or separated from your spouse, applying for |
| granted residency status with the condition that he | | | | permanent residency will be more difficult, because |
| or she be married to a citizen or legal resident of the | | | | you and your spouse must jointly file the application. |
| United States. Conditional residence lasts for 2 years, | | | | An immigrant may apply to have the joint application |
| at which point the status of the immigrant is | | | | waived if the applicant can show that he or she |
| reevaluated. However, marital problems that lead to | | | | entered into the marriage in good faith. |
| divorce or legal separation within the 2 year period | | | | Domestic Violence Cases |
| may compromise the residency status of an | | | | Special circumstances can override the joint |
| immigrant. | | | | application requirement. If an immigrant spouse is a |
| Granting Conditional Residency | | | | victim of domestic violence, she or he may separate |
| Conditional residency may be granted to immigrant | | | | from her or his spouse and seek legal residency |
| spouses if the marriage is less than 2 years old. The | | | | status without the spouse's approval. This is a special |
| immigrant is given a green card, which allows him or | | | | condition that usually applies to battered women or |
| her to live and work in the U.S. This status also allows | | | | mothers with children who have been abused by the |
| the immigrant to enter and leave the United States. | | | | husband. If you are a conditional resident and a victim |
| As long as the marriage remains valid, the immigrant | | | | of domestic violence, consider contacting a divorce |
| spouse will maintain conditional residency for the 2 | | | | lawyer and an immigration lawyer immediately. |
| year period. | | | | For More Information |
| Conditional Residency and Divorce | | | | To learn more about how divorce affects your |
| If you are an immigrant on conditional residency and | | | | residency status as an immigrant, please visit the |
| want to pursue a divorce, you should first consider | | | | website of experienced Austin divorce lawyers Slater |
| how a divorce would affect your residency status. | | | | Kennon & Jameson, LLP today. |