How does divorce affect J-2 visa holders?

How does divorce affect J-2 visa holders? Divorce can be complicated under any circumstances, but for those on a J-2 visa—dependents of J-1 exchange visitors—the legal implications can be even more complex. If you’re a J-2 visa holder and your marriage ends, your immigration status could be impacted. Here’s what you need to know and what steps to take next.

Understanding the J-2 Visa and Its Dependencies

The J-2 visa is a non-immigrant visa granted to the spouses and children of J-1 visa holders, typically for individuals involved in cultural exchange programs in the U.S. As a J-2 visa holder, your legal status in the U.S. is tied to the J-1 visa holder’s status. Therefore, if you get divorced from the J-1 holder, your J-2 visa status could become invalid, creating uncertainty around your ability to stay in the U.S.


1. What Happens to J-2 Status After Divorce?

Divorce can significantly impact J-2 visa holders. Your J-2 visa is dependent on your spouse’s J-1 visa. Once the marital relationship ends, your J-2 status is no longer valid, and you are required to either leave the U.S. or transition to another immigration status.


2. Options for Remaining in the U.S.

If you wish to stay in the United States after the divorce, here are some possible avenues:

a. Change of Status

You may be eligible to change your visa status. This could include:

  • Student Visa (F-1): If you’re enrolled in a U.S. institution, you can apply for an F-1 student visa.
  • Employment-Based Visa (H-1B): If you secure a job offer, you could transition to an H-1B visa, allowing you to stay in the U.S. for work.
  • Tourist Visa (B-2): If you wish to stay temporarily, you may apply for a B-2 tourist visa.

b. Adjustment of Status

If you are eligible for other types of relief, such as through family-based immigration or asylum, you may apply for an adjustment of status to stay in the U.S. legally. However, if you’re married to a U.S. citizen or a lawful permanent resident, this process could be a potential avenue.

c. Special Visas: U Visa or T Visa

If your divorce involves abuse or other special circumstances, you may qualify for a U visa (for victims of certain crimes) or a T visa (for victims of labor trafficking). These visas allow you to remain in the U.S. independently of your ex-spouse.


3. Two-Year Residency Requirement

J-1 visa holders and their J-2 dependents may be subject to the two-year home residency requirement, which mandates that they return to their home country for at least two years before being eligible to apply for certain U.S. visas or permanent residency. This requirement remains in place even after divorce unless a waiver is granted.

Typically, only J-1 visa holders can apply for a waiver of this requirement. However, in certain situations, such as the death of the J-1 holder or divorce from the J-1 holder, J-2 visa holders may be eligible to apply for the waiver independently. It is crucial to consult with an immigration attorney to assess eligibility and the waiver process, as this can significantly impact future visa and residency opportunities.


4. Special Considerations for Children

If children are involved, their J-2 status also depends on the J-1 holder. Custody arrangements and their status must be carefully evaluated with an immigration attorney to avoid potential complications.


5. Consult with an Immigration Attorney

If you are a J-2 holder facing divorce, navigating the complex intersection of immigration and family law requires professional guidance. The Law Office of Dahlia Castillo offers trusted, patient, and experienced legal representation.

The Law Office of Dahlia Castillo, PLLC may assist clients nationwide with all types of immigration cases, including:

  • Asylum
  • U Visas
  • T Visas
  • VAWA Visas
  • DACA
  • Fiancé Visas
  • H1B Visas
  • Deportation/Removal Defense

Contact Us Today

If you have a complicated immigration situation and want to resolve it with someone you trust, schedule an appointment with the Law Office of Dahlia Castillo. Our experienced team is here to help you find a solution that works for your unique circumstances.

📞 Call (910) 484-3245 to schedule a consultation or visit our office to get started.


Don’t let immigration complexities overwhelm you—let us help you take the next step.