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Immigration Issues/US Citizen divorcing Permanent Resident

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Question
I am a Naturalized US Citizen and sponsored my husband when I was a permanent resident in 2003. He has since gotten his permanent residency in August 2009, however I would like to file for a divorce. Would this affect his naturalization? Would our 2 American born children be affected? Would I be able to remarry an outsider and sponsor that person and how soon after?

Answer
Hi,

If you divorce, your husband would now need to wait 5 years after obtaining permanent resident status in order to apply for naturalization. If you continue to be married to your husband, he can apply for naturalization 3 years after becoming a permanent resident.

Your children are automatically U.S. citizens by virtue of being born in the U.S. and cannot lose their citizenship status.

You can marry someone else after your divorce and sponsor your new spouse without any problems or restrictions.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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