Significance

• Filing for divorce might affect people in the following categories: aliens seeking adjustment of their status to permanent residence, permanent residents who have not yet satisfied the conditional two-year residency and permanent residents applying for U.S. citizenship who have resided in the U.S. for less than five years.
  
  

Time Frame

• Consequence of a divorce filing often depends on where the immigrant is in application process on the date of the filing. Filing for divorce before the interview with the immigration officer is likely to result in denial of the application, whereas doing so soon after adjustment of status can lower the chances of a successful petition to remove conditions on permanent residence. Once the conditions on permanent residence are removed, a divorce filing might delay eligibility for U.S. citizenship.
  
  

Other Considerations

• Depending on the immigration proceeding in question, the effect of filing for divorce might differ from being divorced. For example, a couple filing for divorce is nevertheless eligible to submit a joint petition to remove conditions on permanent residence if divorce is only finalized after the proceedings are concluded.