Hudson, FL Immigration Law Firms & Lawyers

Yes but the waiting period is 12+ years depending what country you are from and just petitioning does not allow you to remain here unless you have a nonimmigrant status such as your student status.

If you are already a lawful permanent resident, divorce from a U. S. citizen would have no effect upon your residence status. If on the other hand you have no status and your spouse is only now applying for you to become a lawful resident of the country, a divorce would likely mean the end of the application for residence status through your spouse. I do note that if there is no legal separation or divorce at the time of the U.S.C.I.S. adjudication of such an application, an officer would have authority to grant residence status if he or she believed that your marriage was bona fide at its inception. Also if your spouse is an abuser, you might be able to obtain residence status as a battered spouse if you can prove the abuse. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.