Will I be deported if I get divorced?

Not automatically. Your legal status will depend on where you are in the immigration process and whether you qualify for a waiver or alternative protection.

Can I stay in the U.S. after divorcing my sponsor?

Yes, in many cases. If your marriage was legitimate and you can show evidence of good faith, you may qualify for an I-751 waiver or VAWA petition..

Do I need a divorce attorney or an immigration attorney?

Often both. At Greebel & Greebel, we manage the family law side and can collaborate with immigration attorneys to ensure a coordinated, protective legal approach.

Divorce When Immigration Status Is at Risk

Greebel & Greebel ESQ's • December 1, 2025

Can divorce affect your immigration status?
Yes. If your immigration status is based on your marriage, divorce can impact your green card application, conditional residency, or naturalization process. However, there are legal protections like the I-751 waiver or VAWA self-petition that may allow you to stay in the United States. Each case is unique, so it's essential to consult with a qualified family and immigration attorney.

What You Need to Know in New York

Divorce is never easy—but when your legal status in the U.S. is tied to your marriage, it becomes even more complicated. Whether you're a conditional resident, waiting on approval, or facing domestic challenges, the uncertainty can be overwhelming.

At Greebel & Greebel, we help clients throughout Nassau and Suffolk County navigate divorce and understand how it may affect their immigration status. Here's what you need to know.

Who Is Most at Risk?

You may be vulnerable to immigration complications during a divorce if:

You have a 2-year conditional green card obtained through marriage
You are waiting on an I-130 or I-485 adjustment of status
Your green card interview or approval is still pending
Your spouse sponsored you, and you are separating before approval
You are in an abusive marriage or feel coerced in the immigration process

What Happens to Immigration Status After Divorce?

Conditional Green Card Holders - If you have a 2-year green card through marriage, you are required to file Form I-751 to remove conditions. After a divorce, you must file a waiver and prove the marriage was entered in good faith, even if it ended.
Pending Immigration Petitions (I-130 or I-485) - If you divorce before your marriage-based petition is approved, it may be denied or canceled. Timing matters, and legal advice is crucial.
Victims of Abuse or Coercion - If you are experiencing abuse, you may be eligible for a VAWA self-petition, which allows you to apply for a green card independently of your spouse.

Will I be deported if I get divorced?
Not automatically. Your legal status will depend on where you are in the immigration process and whether you qualify for a waiver or alternative protection.
Can I stay in the U.S. after divorcing my sponsor?
Yes, in many cases. If your marriage was legitimate and you can show evidence of good faith, you may qualify for an I-751 waiver or VAWA petition..
Do I need a divorce attorney or an immigration attorney?
Often both. At Greebel & Greebel, we manage the family law side and can collaborate with immigration attorneys to ensure a coordinated, protective legal approach.

Local Legal Guidance You Can Trust

If your future in the United States is uncertain because of divorce, you’re not alone. At Greebel & Greebel, we’ve helped clients across Long Island protect their legal and immigration status through personalized, compassionate legal guidance.

We understand the fear, urgency, and complexity of these situations. Whether you're at the start of the process or in the middle of a crisis, we are here to help.