Houston, TX asked in Divorce and Immigration Law for Texas

Q: I would like to know how an uncontested divorce affects a future application for citizenship.

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1 Lawyer Answer
Amir Tavakkoli
Amir Tavakkoli
  • Houston, TX
  • Licensed in Texas

A: If you’re the beneficiary of an application filed by your citizen spouse, the length of time you must wait after you get your green card, before you can apply for citizenship can be different. If you’re married to a US citizen you can apply 3 years after getting your green card. If you aren’t married to a US citizen, then you must wait 5 years before you can apply for citizenship. Also if you’re on a temporary green card, and you get a divorce, your citizen spouse won’t be able to apply for your permanent green card anymore and you must apply through other means, if available. With that said, you should consult directly with an immigration attorney. My practice is primarily family law.

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