Divorce is never fun, but it can lead to even more stress if one member of the couple is an immigrant that hasn't yet finalized their immigration status separate from the marriage. In some cases, it can adversely affect the immigrant spouse, to the point where they may have to restart the citizenship process or even have their status revoked. The following can help answer some of the questions you likely have if you find yourself in this situation.

In what instance is a divorce most likely to impact the immigrant spouse?

Not all permanent residents will be negatively impacted by divorce. There are three categories at the most risk:

• Immigrants without a green card who are fully dependent upon their marriage to obtain permanent residency status.
• Immigrants with a conditional green card. 
• Those with an unconditional green card.

Those without a green card will be most severely impacted, since they may need to leave the US immediately following divorce. If you have a conditional green card, you may be able to convert it to an unconditional green card. This is even more likely if you can obtain a waiver stating that your marriage is ending due to abuse, or that you will suffer undue hardship by returning to your home country. You may also be allowed a waiver if you can prove the marriage was in good faith and not a ruse to gain citizenship as long as the marriage was for a significant period of time. If you have an unconditional green card, your residency status most likely won't be revoked due to divorce, but a divorce can extend the amount of time you must live in the US before you can apply for citizenship.

What concerns should an immigrant be aware of when filing the divorce petition?

For those in the US with a conditional green card, the divorce petition can be the biggest barrier to obtaining an unconditional green card. This is because many divorce petitions are designed to assign blame to at least one party, often in an attempt to gain an "upper hand" for property division purposes. If you don't qualify for a hardship or abuse waiver, then a divorce petition such as this can make it difficult to qualify for the "good faith" waiver.

If you are still on good terms with your former spouse, then you may be able to avoid this issue by working out the petition wording and property splits via mediation, as opposed to going to court. Otherwise, it may be in your best interest to allow the divorce to go to court, as opposed to settling, so you can have the court record to show your side and that you did enter the marriage in good faith.

When immigration law and family law -- particularly divorce law -- intersect, it can be a challenge. For this reason, you should always make sure you have an immigration lawyer that is well versed in family law on your side.