Can I Apply for US Citizenship After Divorce?
Divorce can be a life-altering event, bringing about significant changes in an individual’s personal and legal status. One common question that arises during this time is whether or not a person can apply for US citizenship after divorce. The answer to this question depends on several factors, including the circumstances of the divorce and the individual’s eligibility for citizenship.
Eligibility for US Citizenship After Divorce
To determine if you can apply for US citizenship after divorce, it is essential to consider your eligibility. Generally, individuals who are married to a US citizen for at least three years can apply for naturalization. However, divorce can complicate this process, as it may affect the validity of your marriage and the length of time you have been married to a US citizen.
Valid Marriage and Divorce
One of the primary requirements for applying for US citizenship is a valid marriage. The United States Citizenship and Immigration Services (USCIS) defines a valid marriage as one that is genuine and entered into with the intention of establishing a life together. If your marriage was not genuine or if there were issues of fraud or misrepresentation, USCIS may deny your application for citizenship.
Waiver of Good Moral Character
Another factor to consider is whether you can obtain a waiver of good moral character. If your divorce was due to extreme hardship, such as domestic violence or abuse, you may be eligible for a waiver. This waiver would allow you to apply for citizenship despite the divorce, as long as you can demonstrate that you have maintained good moral character since the divorce.
Length of Marriage and Divorce
The length of your marriage to a US citizen before the divorce is also crucial. If you were married to a US citizen for at least three years before the divorce, you may still be eligible for citizenship. However, if the marriage ended within three years, USCIS may scrutinize the circumstances of the divorce more closely to ensure that the marriage was genuine.
Legal Remarriage
If you have remarried a US citizen, the process for applying for citizenship may differ. If you have been married to your current spouse for at least three years, you may be eligible for citizenship through this new marriage. However, if the divorce was recent, USCIS may require additional evidence to demonstrate the validity of your new marriage.
Consult with an Immigration Attorney
Given the complexities surrounding US citizenship after divorce, it is advisable to consult with an immigration attorney. An attorney can help you navigate the process, ensure that your application is complete and accurate, and provide guidance on the best course of action based on your unique circumstances.
In conclusion, the question of whether you can apply for US citizenship after divorce depends on various factors, including the validity of your marriage, the circumstances of the divorce, and the length of your marriage to a US citizen. It is essential to consult with an immigration attorney to understand your options and ensure that you meet the requirements for citizenship.
