What effect can a divorce have on an ongoing immigration case?

My wife and I are currently waiting on an asylum case but unfortunately after several irreconcilable differences we both agreed to get a divorce. If I do this, what chances do I stand with our immigration status. Also, I am currently seeing someone else and planning to move in once my divorce is finalized.

Asked on May 27, 2017 under Immigration Law, Minnesota


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Who is the principal applicant on the asylum case, you or your spouse?  The case iwth the new woman you are seeing is a completely separate matter.  You can do what you like after the divorce is final.  If a showing of asylum is made and is credible, you should be able to get it even if you are no longer in a bona fide marital relationsihp.

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