If I want to divorce my husband, can I change the type of visa I’m on so that it’s not connected to my husband’s?

I am a UK national and live in the US. I moved here last year with my husband also a British citizen and I am on an L2 visa. I want to divorce him indefinitely on his part and stay here. I know that if I legally separate the visa is OK but a full divorce impacts the visa.

Asked on August 23, 2015 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are legally divorced, you cannot remain on the L-2 visa since that's a dependent visa.  You would have to qualify for a nonimmigrant visa in your own right, based on employment, another marriage, studies, etc.  Please let me know if you have any additional questions.


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