1.png)
Divorce is never easy—but for immigrants in New Mexico, it can bring added fear and uncertainty. If your immigration status is tied to your marriage, ending that marriage may affect your ability to stay in the U.S., apply for citizenship, or adjust your visa. Understanding your rights and options early can protect both your legal and personal future.
At Genus Law Group, we help individuals navigate complex divorces that involve immigration issues. Here’s what you should know if you or your spouse is not a U.S. citizen.
How Divorce Can Affect Your Immigration Status
The impact of divorce depends on your specific immigration situation. In general:
Marriage-Based Green Cards: If your residency or green card was obtained through your spouse, a divorce can change your eligibility. If your conditional green card has not yet been converted to a permanent one, you may need to file a waiver of joint petition (Form I-751) to prove that your marriage was genuine and not entered into for immigration purposes.
Pending Adjustment of Status: If your immigration application is still in process when you divorce, that application may be denied unless you qualify under another category.
Spousal Visas and Work Authorization: Divorce typically terminates dependent visa privileges, such as H-4 or F-2 status. Once the marriage ends, the dependent spouse may lose authorization to remain or work in the U.S.
Citizenship Applications: If you were applying for citizenship through marriage to a U.S. citizen, a divorce before your naturalization is complete can delay your eligibility. Instead of applying after three years of marriage, you may have to wait until you meet the five-year residency requirement.
Proving Your Marriage Was Real
When immigration benefits are tied to marriage, one of the biggest challenges after divorce is proving that your marriage was bona fide—that it was entered in good faith. USCIS often reviews evidence like:
-
Joint bank accounts and property ownership
-
Shared tax returns and insurance policies
-
Photos, correspondence, and affidavits from friends or family
If your marriage was genuine but ended in divorce, you can still pursue immigration relief. Working with both a family law attorney and an immigration attorney can help you present clear and credible evidence.
Domestic Violence and VAWA Protection
In some marriages, divorce happens because of abuse or control. Immigrants in this situation may still qualify for immigration relief through the Violence Against Women Act (VAWA).
VAWA allows abused spouses of U.S. citizens or lawful permanent residents to apply for a green card independently, without their abuser’s involvement or consent. This process is confidential and can provide a critical path to safety and legal status.
Divorce and Child Custody When Immigration Is Involved
For families with mixed immigration status, custody issues can be especially complicated. New Mexico family courts do not base custody decisions on immigration status—only on the best interests of the child.
However, immigration complications can influence practical factors, such as:
- Ability to travel with the child
- Stability and residence
- Access to employment or healthcare
An experienced New Mexico custody attorney can help you address these issues in a way that protects both your parental rights and your family’s safety.
Protecting Yourself During and After Divorce
If your immigration status depends on your marriage, it’s crucial to:
- Keep copies of all immigration documents, marriage certificates, and shared financial records.
- Avoid signing any agreements or divorce papers without understanding their effect on your immigration case.
- Consult both a family law and immigration lawyer before filing or responding to a divorce petition.
- Stay aware of any deadlines for filing immigration renewals or waivers.
At Genus Law Group, we often work alongside immigration attorneys to ensure your divorce strategy supports—not jeopardizes—your legal status and future plans.
How Genus Law Group Can Help
Divorce involving immigration issues demands special care, sensitivity, and strategy. At Genus Law Group, we understand how family law and immigration law intersect, and we help clients protect what matters most—their family, safety, and future in New Mexico.
Whether your case involves a conditional green card, custody dispute, or VAWA claim, we can help you prepare, plan, and move forward with confidence.
Call us today at 505-317-4455 or contact us online to schedule a consultation with an experienced New Mexico divorce attorney.
