From Marriage to Citizenship: What Changes When Divorce Happens?

In this episode, we sit down with immigration attorney Evelyn Moon with Evelyn Moon Law PC, to unpack the complex intersection between divorce and immigration status. Whether you’re a green card holder, conditional resident, or in the U.S. on a visa tied to your marriage, divorce can raise serious questions about your legal status. We discuss what happens to your immigration status if you divorce your U.S. citizen, how conditional green card holders can still remove conditions post-divorce, legal protections available to immigrants in abusive marriages, and common pitfalls and myths in immigration and divorce.

Key Topics Covered:

• Immigration and Divorce

- We cover the general, typical milestones of immigration status based on marriage, timeline, and conditions.

- We discuss the differences between a conditional and permanent green card, and whether you are still able to obtain a green card after separation/divorce.

• Common Scenarios and Legal Guidance

- When divorce happens during a pending adjustment of status.

- A conditional green card holder going through a divorce before removing conditions.

- Legal protections available for immigrant abused spouses and ways to defend yourself from potential retaliation of the abusive, soon-to-be ex.

• Let’s bust some immigration myths

- Is there an “automatic” deportation after divorce?

- We discuss what USCIS considers a fake marriage and what triggers the investigation. 

- Can one be denaturalized? 

• Expert advice

- When should you be reaching out to an immigration attorney, and how does the immigration attorney fit into the divorce team?

- We discuss the type of documents to collect and how long you should keep them to protect yourself.

- Our expert shares the most effective way to navigate joint filings and what to do when you share children.

“USCIS understands that circumstances can change... as long as you can prove that that initial marriage was entered in good faith, you're still able to remove that condition with the waiver of the joint filing requirement.” - Evelyn Moon

Connect with Evelyn Moon:

Website: https://evelynmoon.com/ 

Connect with Ksenia Muench:

Website: https://www.thriveagaindivorcecoaching.com/ 

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