Introduction
For individuals navigating the immigration system under a U visa or T visa, the road to legal stability is already complex. When divorce enters the picture—especially in Florida—the situation becomes even more delicate. A divorce during or after filing for a U or T visa can raise significant concerns about eligibility, case integrity, and the potential for retaliation by a spouse. Understanding how Florida’s divorce laws intersect with U and T visa status is critical for safeguarding legal rights, protecting victims of crime or trafficking, and maintaining access to lawful immigration pathways.
U visas are granted to victims of qualifying crimes who have cooperated with law enforcement, while T visas are issued to victims of human trafficking. Both categories offer humanitarian protections, including the ability to work and potentially adjust status to permanent residency. These visas also allow qualifying family members—such as spouses—to apply for derivative benefits. When a marital relationship breaks down, questions arise about whether a divorce will jeopardize visa eligibility or impact the pending application of a spouse or dependent.
A Tampa divorce lawyer who understands the complex intersection of family law and immigration can help clients develop a sound legal strategy during a divorce involving U or T visa applicants. This article explores how Florida divorce impacts U and T visa cases, what applicants and derivative spouses should know, and how to protect immigration status while pursuing fair outcomes in state court.
Understanding U and T Visas: A Brief Overview
A U visa is designed for noncitizens who have suffered mental or physical abuse as victims of certain crimes and who have cooperated with law enforcement. These include crimes like domestic violence, sexual assault, stalking, and unlawful restraint. T visas are designated for victims of severe forms of human trafficking, including labor and sex trafficking.
Both visa categories:
- Provide four years of legal status and work authorization
- Allow for adjustment to lawful permanent resident status (green card) after three years
- Permit qualifying family members (spouse, children, parents, siblings) to apply as derivatives
Because these visa types often involve crimes committed within intimate or domestic settings, divorce is not uncommon during or after the application process. A Tampa divorce lawyer will examine whether the marital breakdown affects eligibility, credibility, or the pending immigration benefits for the applicant or spouse.
How Divorce Impacts the Principal U or T Visa Applicant
For the person who is the direct victim of a qualifying crime (the “principal applicant”), divorce does not eliminate eligibility for a U or T visa. The basis for the application is the crime committed and the applicant’s cooperation—not the existence or continuation of a marriage.
If the spouse was the abuser or trafficker:
- Divorce may actually support the applicant’s case, especially if supported by documentation.
- The applicant may still apply under their own name regardless of the divorce.
- Filing for divorce may help establish separation from the abuser for safety and immigration purposes.
If the spouse was not the perpetrator and divorce is unrelated to the criminal act:
- The divorce still does not affect the principal’s visa status.
- However, it may affect the ability of the spouse to remain as a derivative beneficiary.
A Tampa divorce lawyer will help the applicant frame the divorce in a way that protects immigration credibility and avoids conflicting statements across state and federal filings.
Derivative Beneficiaries: What Happens When You Divorce?
Spouses who apply for U or T visa status as derivatives of the principal applicant do not qualify in their own right. Their status is contingent on the principal’s eligibility and their relationship to the principal.
If the parties divorce:
- Before the U or T visa is granted: The derivative spouse may lose eligibility entirely because the qualifying relationship no longer exists.
- After the U or T visa is granted: The derivative generally keeps the visa for its full duration, even after divorce.
- Before adjustment to lawful permanent residence: The derivative spouse may not be able to adjust status if no longer married to the principal.
This means that timing is crucial. A Tampa divorce lawyer can advise whether waiting to file for divorce or finalizing immigration processing first is the best legal path based on the circumstances.
Filing for Divorce Before the Visa Is Approved
If a divorce is filed or finalized before the U or T visa is approved, the derivative spouse may become ineligible. USCIS requires that the qualifying relationship (in this case, marriage) exists both at the time of filing and at the time of adjudication.
For derivative spouses:
- Divorce between the filing and approval of the visa usually results in a denial.
- Separation or pending divorce may not disqualify, but USCIS may scrutinize the relationship.
- If the derivative spouse was also a victim of the same crime or trafficking, they may file their own principal application.
A Tampa divorce lawyer may coordinate with immigration counsel to delay final judgment on the divorce until after visa approval when necessary.
Divorcing an Abusive Spouse While on a Derivative U or T Visa
If the derivative spouse is the victim of abuse by the principal U or T visa holder, they may file their own U or T visa as a principal. Alternatively, they may explore protection under the Violence Against Women Act (VAWA) or other humanitarian options.
Key points:
- USCIS allows survivors of abuse to apply independently.
- Divorce from the abuser may help establish credibility and sever legal ties.
- Timing the application is critical to ensure uninterrupted status.
A Tampa divorce lawyer will help the spouse document abuse, file for protective relief in family court, and connect with immigration attorneys to preserve legal residency options.
How Florida Divorce Court May View U or T Visa Applicants
In Florida, immigration status is not typically relevant in property division, alimony, or parenting determinations. However, judges may need to consider:
- The impact of divorce on a party’s lawful presence
- Whether a spouse is using immigration threats to coerce settlement
- The likelihood of one party remaining in the U.S. long-term when assessing parenting plans
A Tampa divorce lawyer will assert that both documented and undocumented spouses have full rights to seek equitable distribution, support, and custody unless federal law dictates otherwise.
Immigration Retaliation During Divorce
U and T visa applicants are often vulnerable to retaliation from a spouse who is aware of their immigration status. Common threats include:
- “I’ll report you to immigration if you go to court.”
- “You’ll lose your visa if we get divorced.”
- “You’ll never get custody of the kids because you’re not a citizen.”
These threats are often false but are used to intimidate. Florida courts do not consider immigration status in custody decisions, and immigration threats may amount to coercion or abuse.
A Tampa divorce lawyer can file for injunctions, present evidence of retaliation, and ensure that abusive tactics are addressed by the court.
Divorce and Adjustment to Lawful Permanent Residence (Green Card)
For U or T visa holders, the next step is adjusting to lawful permanent resident status after three years. Divorce may affect this process if:
- The applicant is a derivative and no longer qualifies due to loss of relationship.
- USCIS suspects that the marriage was entered into solely for immigration benefits.
- There are inconsistencies between family court filings and USCIS evidence.
However, principal U and T visa applicants may still adjust regardless of divorce, assuming they meet the statutory requirements and were not disqualified by other conduct.
A Tampa divorce lawyer can help coordinate divorce filings to align with immigration evidence and avoid triggering red flags in federal adjudication.
Child Custody Considerations for U and T Visa Holders
In Florida, child custody (time-sharing) is based on the best interests of the child. Immigration status is not a deciding factor unless it directly impacts:
- A parent’s ability to care for the child
- The likelihood of the parent remaining in the U.S.
- The parent’s cooperation with the legal process
U and T visa applicants—especially those with work authorization—can pursue custody, visitation, and child support without fear of losing rights due to their immigration history.
A Tampa divorce lawyer can draft parenting plans that anticipate potential immigration delays or interview dates and include provisions for virtual contact or temporary delegation of time-sharing if necessary.
Spousal Support and Property Division When One Spouse Has a U or T Visa
Florida’s equitable distribution law entitles both spouses to a fair share of marital assets. Divorce courts cannot deny support or property based on immigration status.
For U and T visa applicants:
- You can receive spousal support (alimony) if warranted under Florida’s criteria.
- You can seek exclusive use of the marital home if there is a need.
- You can pursue division of retirement accounts, real estate, and debts.
A Tampa divorce lawyer will ensure that immigration status does not interfere with your financial recovery or legal standing in family court.
Best Practices for Divorce Involving U or T Visa Applicants
- Coordinate With Immigration Counsel
Divorce may impact immigration timelines and strategies. Your family law and immigration attorneys should collaborate on filings and disclosures. - Preserve Evidence of the Relationship
Whether proving a good-faith marriage or documenting abuse, gather photos, communications, financial records, and witness statements. - Time the Divorce Carefully
If a derivative application is pending, waiting until the visa is approved may protect the spouse’s eligibility. - File Protective Orders If Needed
Threats, stalking, or abuse by the other spouse may support a domestic violence injunction or VAWA petition. - Use Neutral Language in Divorce Documents
Avoid language that could trigger USCIS concerns unless legally required. A Tampa divorce lawyer will draft pleadings with both courts in mind. - Plan for Custody With Travel and Immigration in Mind
Parenting plans should accommodate travel restrictions, delays in status, or adjustment interviews.
FAQ: How Florida Divorce Affects U Visa or T Visa Applicants
Will divorce cancel my U or T visa application?
Not if you are the principal applicant. If you’re a derivative spouse, divorce before approval may disqualify you.
Can I get divorced while applying for a U or T visa?
Yes. But if you’re a derivative spouse, it may affect eligibility. Talk to a Tampa divorce lawyer and immigration counsel before proceeding.
Can I lose custody because I’m not a U.S. citizen?
No. Florida courts base custody on the child’s best interests—not immigration status.
What if I’m being abused by the person sponsoring my U or T visa?
You may qualify for your own U or T visa as a principal or apply under VAWA protections.
Can I still get a green card after divorce?
If you’re the principal U or T visa holder, yes. If you’re a derivative spouse, it depends on timing and relationship status at the time of adjustment.
Does USCIS care if I get divorced?
Yes, if you’re a derivative or if your application is based on marriage. A divorce may raise questions about the relationship’s legitimacy.
Can my spouse stop my U visa by divorcing me?
Only if you’re a derivative. Principal applicants control their own petitions.
Should I delay my divorce until after my visa is approved?
In some cases, yes—especially for derivative applicants. A Tampa divorce lawyer can help you assess the risks and benefits.
Can I sue my ex for spousal support if I’m undocumented?
Yes. Immigration status does not prevent you from receiving alimony or equitable distribution in Florida.
Do I need both a divorce and an immigration lawyer?
Yes. Divorce and immigration proceedings are separate, but your legal team should coordinate to protect your full rights.
Florida divorces involving U and T visa applicants require careful coordination, strong advocacy, and a full understanding of how state and federal laws interact. Whether you are a principal visa applicant protecting your status, or a derivative spouse evaluating your legal future, having a knowledgeable Tampa divorce lawyer on your side ensures your family law rights are preserved while your immigration journey continues forward.
The McKinney Law Group: Tampa Divorce Attorneys Focused on Long-Term Stability
At The McKinney Law Group, we understand that the decisions you make during divorce have long-lasting consequences. That’s why we help clients in Tampa build legal strategies that secure stability today and well into the future.
We assist with:
✔ Custody agreements that fit your child’s evolving needs
✔ Equitable division of assets and debts
✔ Structuring enforceable support agreements
✔ Preparing for mediation or litigation
✔ Revisiting agreements through modifications when needed
Contact our team at 813-428-3400 or email [email protected] to take the first step.