The Herman Legal Group - Divorce and Immigration Lawyer in Ohio

Cleveland, Ohio, March 22, 2017 (Newswire.com) - A question from readers in respect of divorce and immigration was received, the question was as below: I am from China and married a U. S. citizen. He helped me to get a green card in the U. S. but we got divorced two and a half years after I came here. Now I have been a resident for five years and would like to apply for U. S. citizenship. Will I be permitted to do so? Or will the divorce mean that my application will be denied?

To assist with a response to this question is a lawyer and spokesman for the law firm Herman Legal Group provided comments.

That being said, the people who need to worry about the effect a divorce can have on their ability to be eligible for naturalization are those who are trying to get early citizenship; like after three years as spouses in the U. S. If this is the case one would need to remain married up until he or she actually gets the U. S. citizenship. This would then entail living with one's spouse for three years before filing your citizenship application.

The Herman Legal Group

In response to the questions and scenario stated in the letter, the spokesman stated that many applicants for naturalization in the U. S. are worried that if they received their green card as a result of a marriage and they later got divorced they may not qualify for citizenship. However, the spokesman stated that there is little or nothing to worry about.

“That being said, the people who need to worry about the effect a divorce can have on their ability to be eligible for naturalization are those who are trying to get early citizenship; like after three years as spouses in the U. S. If this is the case one would need to remain married up until he or she actually gets the U. S. citizenship. This would then entail living with one’s spouse for three years before filing your citizenship application.” The spokesman stated that, however, in respect of the reader’s question she had been a permanent resident for five years, therefore, she would not be subject to early citizenship rules; as long as she had a real marriage. 

The spokesman went on to explain that the marriage would need to be real and not a sham. He further stated that a sham marriage is designed for a person to get a green card, however, the reader should be fine as she had previously submitted proof of the realness of the marriage when she was applying for permanent residence using Form I-751. At the time the USCIS would have confirmed that the marriage was not a sham.

The spokesman stated that, “While there was confirmation initially with the process, in respect of the application for citizenship, it is likely that the USCIS will question whether the marriage was real or not. The divorce on its own will not cause the USCIS to assume that the marriage was a fraud, but the officer conducting your naturalization interview may be prompted to ask more questions relating to your marriage just to double check. Further, you may also be asked to submit additional paperwork proving that your marriage was real.” The spokesman stated that in respect of the additional paperwork this was to cover the period after the submissions made with the Form I-751. Such proof was said to include joint bank accounts and leases in both the spouses’ names; he also mentioned that proof of couples counseling would be beneficial to prove that the person tried to make their marriage work.

For more information in respect of divorce and immigration, find immigration lawyer in Columbus, Ohio.

About the company:

The Herman Legal Group is a law firm of renowned professionals who handle immigration law matters. If you want to find immigration lawyers in Columbus, Ohio; choose the Herman Legal Group. The law firm has been said to have the best immigration lawyer in Columbus, Ohio. http://www.hermanimmigrationlawyer.com/

Source: The Herman Legal Group