If you are thinking about divorce or have already begun the divorce process, it’s likely that you have numerous questions. One of these might be whether you can pursue a divorce in Texas if you’re not a U.S. citizen. Navigating the complexities of divorce law is crucial to understanding the process fully.
At C.E. Borman, we aim to ensure that families receive the guidance and support they need during the divorce proceedings. We assist our clients with various aspects, from child custody to property division disputes. In this blog, our Bryan, Texas divorce lawyers explain the options available to non-citizens who are seeking a divorce in Texas.
How Can Divorce Impact Your Immigration Status in Texas?
Divorce in Texas can intersect with immigration laws, potentially affecting your status depending on your visa and current residency type.
Channa Borman, our experienced Texas divorce attorney, is here to guide you through the complexities of divorce and how it might influence your immigration situation and protect your rights.
Types of Residency
- Conditional Resident
As a conditional resident, your status could be heavily impacted by a divorce. This type of residency is assigned to those married for less than two years when their residency is approved. It’s temporary and usually necessitates joint filing with your spouse to achieve permanent residency.
- Non-Conditional Resident
For non-conditional residents, a divorce may have a milder effect on their immigration status. Nevertheless, understanding your legal rights and obligations remains essential.
For long-term marriages, such that the marriage lasts at least two years, the non-citizen spouses with permanent residency face a reduced risk of deportation after divorce. However, the divorce could still affect their citizenship application.
Typically, immigrants not married to U.S. citizens need to meet a five-year residency requirement. Despite the divorce, non-citizen spouses are allowed to stay in the United States.
What Does a Divorce Mean for You if You’re a Conditional Resident in Texas?
If you are a conditional resident, divorce can complicate the process of obtaining permanent residency.
Steps to Take if You’re Divorcing as a Conditional Resident
- File a Waiver: You may need to file a waiver to remove the conditions on your residency. This waiver must demonstrate that your marriage was entered in good faith.
- Provide Evidence: Gather evidence that shows your marriage was genuine, such as joint financial records, photos, and affidavits from friends and family.
- Seek Legal Assistance: It’s highly recommended to consult with an immigration attorney to navigate this process successfully.
Can a Divorce Affect My Immigration Status if I’m Not a Conditional Resident?
For non-conditional residents, the impact of a divorce on your immigration status is typically less direct.
Possible Scenarios
- Permanent Residents (Green Card Holders): Divorce does not usually affect your status if you are already a permanent resident. However, it might impact your eligibility for citizenship if you were planning to apply based on your marriage to a U.S. citizen.
- Other Visa Holders: If you are on a visa that depends on your marital status, such as an H-4 visa, divorce can affect your ability to stay in the U.S.
Texas Residency Requirements for Divorce
To file for divorce in Texas, you must meet certain residency criteria. According to Section 6.302 of the Texas Family Code, at least one spouse must have lived in Texas for a minimum of six months (or 180 days) and in the county where the divorce is filed for at least 90 days before submitting the divorce petition. There are certain documents and requirements necessary to start the divorce process.
Risk of Losing Permanent Resident Status for Non-Citizen Spouses
Divorce may pose a risk to the permanent resident status of non-citizen spouses. Typically, this status is granted to those who have married a U.S. citizen after entering the U.S. illegally. If the marriage ends before the second anniversary, the non-citizen may risk deportation.
While Texas divorce courts do not directly involve immigration authorities, other parties can highlight the non-citizen’s immigration status.
Deportation Exceptions for Non-Citizen Spouses
There are important exceptions that can prevent the deportation of non-citizen spouses. With legal help, a non-citizen can prove the marriage was genuine and not just for immigration benefits. Evidence such as the following can support their case to stay in the U.S.:
- Cohabitation
- Shared property
- Children
- Hardship
- Abuse
- Mistreatment by the U.S. citizen spouse
Factors Affecting Non-Citizen Spouse’s Immigration During Divorce
Several factors can affect a non-citizen spouse’s immigration status during a divorce. Shared property and children are significant factors. If the non-citizen has sponsored other family members for U.S. residency, the divorce might affect these relatives, too. Consulting an immigration attorney is essential to address these complex issues effectively.
Rights of Immigrant Spouses in a Divorce
As an immigrant spouse, your rights in a divorce are the same as any other spouse, including rights to property, child support, and child custody:
- Property Division: In Texas, which is a community property state, all assets acquired during the marriage are divided equally.
- Child Custody and Support: Your immigration status does not affect your eligibility for child custody or support.
- Spousal Support: You may be entitled to spousal support based on various factors.
Impact of Immigration Status on Divorce and Custody Cases
Your immigration status—whether fragile, in process, or undocumented—can play a role in family court, particularly in custody battles. A judge might consider immigration status when determining custody and parental rights, which could disadvantage a parent without legal U.S. status.
If you are concerned about how your status might impact your custody or divorce case, it’s important to seek advice from a family law attorney and immigration attorney.
Child Custody Decisions and Property Division
In decisions about child custody and property division, Texas courts prioritize the child’s best interests and equitable asset distribution. Your citizenship or immigration status does not directly influence these decisions. The courts adhere to legal standards and guidelines for these matters, regardless of immigration status.
Consulting with experienced family law attorneys and immigration lawyers is key to protecting your rights and interests.
Contact Our C.E. Borman Divorce Attorney in Texas Today!
Divorcing a non-U.S. citizen in Texas can be complex, involving both divorce and immigration laws. It’s important to understand the residency requirements, potential immigration consequences, and available exceptions.
At C.E. Borman, we understand that every divorce case is unique, and the intertwining of immigration and divorce laws demands thorough examination and personalized advice. Being honest and working with knowledgeable legal professionals like Channa Borman helps you navigate challenges in negotiating settlements and securing your future.
Contact us today at 979-200-4725 to discuss any questions or concerns you may have regarding divorce processes in Texas.
