Divorce and Applying for Citizenship

Some immigrants come to the United States sponsored by a spouse or spouse-to-be, only to have the marriage dissolve later. In many cases the immigrant spouse worries that he or she may be denied citizenship or may even be deported after the divorce. As a result, we would like to clarify some of the issues surrounding divorce and citizenship for immigrants.

Residency Requirements for Citizenship

To apply to become a U.S. citizen, an individual must first meet the residency requirements. Under federal law, an immigrant married to a U.S. citizen must have resided in the U.S. for three years before filing for citizenship. If the couple divorces after the three-year mark, the spouse with a green card is still eligible for citizenship, provided all of the residency requirements are met. Once citizenship is granted, it cannot be revoked because of a divorce.

If an immigrant divorces his or her citizen spouse before the three-year residency requirement is fulfilled, he or she will have an additional barrier to citizenship, but not necessarily a substantial one. Rather than having to wait only three years to apply for citizenship, the green card holder must wait until he or she has accrued five years of permanent residency instead of three. After the five-year mark, the permanent resident may apply for citizenship and his or her divorce will not factor into the application for citizenship.

Contact Us

To learn more about how your divorce could affect your U.S. residency and citizenship application, contact the Orange County immigration attorneys of Garg & Associates, P.A. today at 949-540-6704.