Divorcing an Immigrant in New York

Many people in New York are from other countries.  When the divorce becomes inevitable, both the immigrant spouse and the citizen/permanent resident spouse will also have to consider how to handle immigration issues.  Removal proceedings sometimes become an eminent possibility after a divorce.  Few divorce lawyers are familiar with immigration consequences following a divorce.  You should bring their attention to your immigration concerns.  This article intends to help you manage your immigration matters when you are considering a divorce.

If you sponsor your spouse's immigration applications, you should withdraw your sponsorship promptly.  In an adjustment of status case, a withdrawal of the Affidavit of Support is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the adjustment application.  In a consulate proceeding, the Affidavit of Support cannot be withdrawn unless the immigtant petitioner withdraws his/her immigrant visa petition at the same time.

You have assumed the responsibilities to support your spouse and her/her dependents by sponsoring her/his immigration applications.  When you sign the Affidavit of Support, you accept legal responsibility for financially supporting the sponsored immigrant(s) until they become U.S. citizens or can be credited with 40 quarters of work (usually equals to full-time employment of ten years).  Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.  If the immigrant receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them.  If you do not repay the debt, the agency can sue you in court to get the money owed.  Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP).  States and local jurisdictions may also designate certain of their programs as means-tested public benefits.

Divorce does not automatically terminate your financial responsibilities towards your spouse before she/he becomes a U.S citizen or is self-sufficient unless she/he leaves the Unites States.  To avoid support responsibilities imposed by immigration law, a sponsor-spouse should withdraw filed the Petition for Alien Relatives and the Affidavit of Support either prior to or after the divorce.