Can a H4 visa holder file for divorce?
Those who have divorced their spouses ( H1B visa holders) on grounds of domestic abuse have also been brought within the purview of the new policy for H4 visa holders. They can apply for work authorization for maximum two years. Generally, spouses of H1B visa holders stand the risk of losing their H4 status if they file for divorce.
What happens to my H1B visa if I divorce my husband?
They can apply for work authorization for maximum two years. Generally, spouses of H1B visa holders stand the risk of losing their H4 status if they file for divorce. They become undocumented immigrants once the divorce is finalized. Many H4 visa holders are threatened with the loss of immigration status if they walk out of the marriage.
Can domestic violence affect H4 visa holders in USA?
Under the aegis of the 2005 Violence Against Women Act, the US Congress legalized work authorization for those who continue to suffer domestic abuse for the fear of losing their non-immigration status. The US Citizenship and Immigration Services (USCIS) recently brought it into effect much to the relief of abused H4 visa holders in USA.
Who is entitled to H4 visa in USA?
The spouses of highly-skilled foreign workers employed on H1B visas are entitled to H4 visa in the US. Most of H1B and H4 visa holders are from India.
What happens to H4 after divorce?
An H4 visa allows you to stay in the U.S. with your spouse. If you hold an H-4 visa and you are going through divorce, your authorization to stay in the U.S. on an H-4 visa ends when your divorce is finalized. You must request a change of status with USCIS, if you are eligible, before your divorce is finalized.
Can my husband cancel my H4 visa?
Your husband cannot cancel your H-4 visa.
Will your green card get Cancelled If you divorce your wife?
The vast majority of green card holders are mostly unaffected by a divorce. If you are already a lawful permanent resident with a 10-year green card, renewing a green card after divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card.
How does divorce affect your immigration status?
If you file for divorce after going from conditional to permanent residence, the divorce will not change your immigration status directly. It will, however, force you to wait five years instead of three to become a naturalized U.S. citizen.
Can H-4 visa holder stay in USA after divorce?
Divorce is no longer a cap on H4 visa holders' rights to apply for temporary work authorization in the US. The abused spouses' application for work permit has nothing to do with their partners' status in the process of attaining legal permanent residency.
How can I cancel my H4 dependent visa?
Process to withdraw H4 or I-539 Application with USCIS? The process is pretty simple, all you need to do is send a withdrawal letter to USCIS requesting them to withdraw your application. There is no official letter or form that USCIS provides for you to use for the requesting the withdrawal of your application.
Do I need to notify USCIS of divorce?
And while California doesn't require you to show fault when you're getting a divorce, providing USCIS with the reason you divorced – such as domestic violence or abuse – can help you along in the immigration process.
What happens to spouse visa after divorce?
If you are a spouse visa holder, you must inform the Home Office when you divorce or separate from your partner. Likewise, the Home Office also requires that the ex-partner inform them of the separation. In other words, both parties have an obligation to tell the Home Office in the event of divorce or separation.
Can I stay in the US if I get divorced?
While many people believe that if you are divorced and don't have permanent resident status you will automatically be deported, there are exceptions. An immigration attorney may be able to help you file a waiver and remain in the United States if you can prove one of three exceptions to the deportation rule.
Will my husband get deported if I divorce him?
Being married to a US citizen does not automatically provide an undocumented immigrant with legal status, and filing for divorce does not prompt deportation proceedings. Although the divorce court is not permitted to contact US Immigration and Customs Enforcement (ICE), others may do so.
What happens if I divorce before 2 years?
But if you divorce (or your marriage is annulled) before the two years have passed and you want to continue to live in the U.S., filing this petition jointly with your spouse will be impossible. You will still need to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement.
Can I lose my residency if I get divorced?
While divorce means the end of a marriage, it could also result in revocation of permanent residence—and even deportation from the United States. According to U.S. immigration laws, an immigrant who is part of a legitimate marriage can qualify for a green card.
Can my husband cancel my spouse visa?
The quick answer is that your husband can't cancel your spouse visa. That is because your spouse visa was issued by the Home Office and not by your husband or spouse.
Can I cancel my wife H4 EAD?
There is nothing you do to cancel her visa - her status will automatically end, by operation of law, when the divorce is final. You can send a letter, with the divorce decree, to the USCIS if you like.
Is marriage certificate mandatory for H4 visa?
Marriage certificate in case of spouse and birth certificate in case of children. Salary slips of the H1 visa holder from the current employer. Documents to prove H4 status – I-94, I-797. Birth certificate or government-issued identity proof along with the visa issued by the foreign consulate.
Can H1B holder cancel H4 visa?
The H1B holder cannot cancel someone else's H4, even if it's the spouse. Just get a divorce and the spousal status will no longer exist for the H4 dependent status. The H1B can inform USCIS of the divorce and "nondependent" status...
How to resolve a family dispute?
First of all, try to involve elders, mutual friends and seek a resolution than take a hasty decision. Try a family counselor. It might sound good now but when the reality strikes, the scene is different. Again, I don't know much about the situation you are in.
Does your husband have control over your status?
Your husband doesn't have control over your status. Since you are in the US, US law applies, not Indian law.
Can an H4 person go to India?
That way H4 person goes to India with the document , gets the divorce in the absence of the spouse, thereby losing the H4 status. Now gets a new H1B returns to the United States and starts work and life fresh.
3 attorney answers
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.
Tripti Sharad Sharma
Once the divorce becomes final - but not before - the H-4 dependent spouse will no longer be in H-4 status and will need to depart the country, unless was able to timely file for change of status.
How long can a spouse of H1B be on a H4 visa?
They can apply for work authorization for maximum two years. Generally, spouses of H1B visa holders stand the risk of losing their H4 status if they file for divorce. They become undocumented immigrants once the divorce is finalized.
Who is the advocate for 400 abused H4 visa holders?
Aparna Bhattacharya from Georgia-based Raksha, which currently advocates for 400 abused H4 visa holders, opined that continuation of work authorization for the abused spouses of H1B visa holders is not guaranteed in the Trump administration since the Department of Homeland Security has issued two directives to prioritize deportation of undocumented immigrants from USA.
Can H4 visa holders get a non-immigrant visa?
The new work authorization policy is a sort of empowerment for the abused H4 visa holders to be independent of their abusive partners and live out of the relationship without divorce, according to Nisha Karnani, an Indian American immigration attorney. The victims of domestic violence among H4 visa holders can also apply for a non-immigrant U visa, which is granted to those who have been subjected to physical or mental abuse.
Can an H4 visa be renewed?
However, the work authorization policy is not a permanent solution for the abused H4 visa holders. It does not entitle them to legal permanent residency in USA. They can apply for renewal of work permit on completion of two years. Once they get the work permit, they may have other better options for survival in the US.
Can an H4 visa be used for domestic violence?
Many H4 visa holders are threatened with the loss of immigration status if they walk out of the marriage. Thus abusive persons continue to subjugate their spouses to domestic violence, taking advantage of this rule. Divorce is no longer a cap on H4 visa holders’ rights to apply for temporary work authorization in the US. The abused spouses’ application for work permit has nothing to do with their partners’ status in the process of attaining legal permanent residency.
How Does Divorce Affect the I-140 and I-485 Green Card Forms?
Divorce after marriage can also be viewed in relation to employment-based sponsorship. Apart from being sponsored by a U.S. citizen or lawful permanent resident spouse, your green card application may also be in connection to a spouse whose own green card is being sponsored by an employer .
What happens if you get a green card divorce?
What happens if you get a green card divorce before the end of the two-year conditional period? If you find yourself in this scenario and the final order of divorce is obtained before the initial period ends, then you will need to convince the USCIS that there is a valid reason to bypass the joint filing requirement. This can be done by demonstrating that the marriage was bona fide, to begin with, and not a fraud.
How to remove conditions from green card?
Criteria for Removing Conditions on Green Card 1 If you are still married to the legal permanent resident (LPR) or U.S. citizen at the end of the initial two-year period. If your children also received their green cards at the same time as you, then you can include them in the application. 2 If you are a child of a parent who has a conditional green card and cannot be included in their application. 3 If you entered into the marriage in good faith, yet your spouse is deceased. 4 If you entered into the marriage in good faith yet, you or your child experienced extreme hardship or battery at the hands of your spouse. 5 If you entered into the marriage in good faith yet, your marriage was terminated through annulment or divorce.
What happens if you divorce before adjustment of status?
If a divorce happens at any point before the application is approved, then the green card process for the derivative beneficiary will end. The divorce means the relationship that made her eligible has been dissolved.
What happens when you file N-400?
By the time you submit the N-400 form, the USCIS will review your immigration history, including the green card application process. Because of the divorce, they will likely scrutinize your petition even further.
How long do you have to wait to get a green card after divorce?
Apart from the spouses of U.S. citizens, all other green card holders must wait at least five years after receiving their immigrant status before filing for naturalization. At this point, your eligibility to become a U.S. citizen is no longer tied to your marriage. Therefore, if a divorce happens in a situation like this, it will not affect your eligibility to apply for naturalization.
What to consider when getting a green card after divorce?
There are a number of factors to consider if your divorce is not yet final. If you or your child was subject to battery or violence from the citizen-spouse, then you may be able to bypass the divorce waiver.