|Information on Immigration, Investment, Education and Residence|
|Want to emigrate to the United States by marriage?
The risk is no less than EB5-5!
Many people know that marriage can help to acquire immigration status.
Obtaining affiliated non-immigrant status by marrying a non-immigrant, or, more generally, by marrying a U.S. citizen (USC) or a legitimate permanent resident (LPR) to obtain permanent residence or "green card".
However, few people know how bad divorce can affect immigration status.
If the marriage breaks down after obtaining resident status by marrying an American citizen or permanent resident, there is another result for new residents.
When obtaining residential status, the marriage is less than two years, and residence is conditional.
What would happen if the marriage broke down in two years?
Unfortunately, this is a very common situation.
Conditional Residents, however, can still maintain their residence status and, in some cases, exempt joint applications.
First, if the marriage is terminated, but conditional residents can prove that the marriage is sincere.
If a conditional resident can prove that he or she has been abused by a spouse of a U.S. citizen or permanent resident, he or she can also seek exemption from joint application.
Finally, conditional residents can seek exemptions on the basis of "extreme difficulties".
It is important to note that children of conditional residents (who acquire immigration status by marrying their father/mother to an American citizen or permanent resident) can also submit such exemptions.
For precarious marriages, the withdrawal of permanent residence is a minefield, because the Immigration Department will scrutinize the marital relationship in these cases.
If a person marries a U.S. citizen or permanent resident, the other party applies for an immigration visa in its own name (I-130), but then withdraws the application or the process is abandoned, which will create major obstacles to immigration applications.
Another case occurs when a spouse affiliated to a family or work-based immigrant visa application applies for permanent residence, and the divorce takes effect.
However, once the Immigration Department is informed of the divorce, residential status will no longer be valid and applicants will not be able to join the United States.
The Immigration Bureau may revoke or not revoke green cards, which results in the subordinate beneficiaries being placed in a legal vacuum.
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