Family & Safety

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Can I stay in the US if I divorce my sponsoring spouse?

If you are a lawful permanent resident (LPR), divorce should not affect your status. If you have a conditional Green Card, you may have to prove the following to stay in the US: 

  • You entered the marriage in good faith
  • you will face hardship if deported to your home country, or 
  • you were a domestic violence victim in the marriage.

If you are a lawful permanent resident (Green Card), your status should not be affected by divorce. 

If you are are applying to be a US citizen, you cannot naturalize as a U.S. citizen spouse after divorce. Instead, you must prove your continuous residence in the US as an LPR for at least 5 years.

Divorce courts cannot contact US Immigration and Customs Enforcement (ICE). But there is always a risk that ICE could deport an undocumented immigrant. It is highly recommended that you consult an immigration lawyer if you are an undocumented immigrant.

Divorce and immigration are complicated. Consult an experienced attorney to help you understand how divorce might affect your immigration status. You can use Get Legal Help to find a lawyer who can help.
 

Last full review by a subject matter expert
November 13, 2023
Last revised by staff
January 28, 2024

Worried about doing this on your own?  You may be able to get free legal help.