Will my Green Card be revoked if I get a Divorce?
Divorce is one of the most challenging steps a couple needs to take due to unforeseen circumstances and personal matters. Processing a divorce can be complex, especially when you are on an Immigrant Visa or a Marriage-Based Green Card.
In this blog, we will discuss a common question among many immigrants: whether Divorce will revoke their Green Card status.
How will Divorce affect your Immigration Status?
Many spouses living & working in the U.S. on a marriage-based green card or an immigrant visa are worried about their Green Card being revoked or deported back to their country of origin due to a pending divorce case.
Your Green Card may be revoked if it is granted conditionally. U.S. Immigration Laws have clarified that all legitimate marriages are valid under the law.
However, if the marriage is entered into in order to obtain an immigration benefit or any other unlawful reason, it may have serious consequences, such as getting your immigration status revoked or deporting you back to your country of origin.
Renewal of Green Card after Divorce
The majority of the Green Card Holders applying for a Divorce are in safe hands as they don't have to worry about their permanent resident status being revoked or getting deported back to their home country.
If you have Permanent Resident Status and a 10-year Green Card, renewing your Green Card isn’t normally a problem after divorce unless there is a finding of fraud for obtaining the underlying Green Card through marriage to a U.S. Citizen.
Permanent Resident status spouses with a 10-year Green Card need to file Form I-90, an Application to Replace Permanent Resident Green Card to renew their Permanent Residency status. This form will not ask you any questions directly regarding your marital history.
Getting Divorced on a Conditional Green Card
If you are a conditional green card holder and get divorced, it can affect your Immigration status, especially if you have obtained your conditional green card via marriage.
Conditional Green Cards are mostly offered to spouses whose marriage is less than 2 years old. They are granted permission to reside in the U.S. for two years before they must apply to remove the conditions.
However, there may be complex situations and personal differences that may arise which may cause a marriage to terminate within the two years. In this scenario, you may still be able to remove conditions on your Green Card & stay in the U.S. legally and permanently if you are eligible for a waiver.
Eligibility of Removal of Conditions
You can apply for removal of conditions on your Green Card if you entered a marriage in good faith, meaning the marriage is legitimate.
USCIS (U.S. Citizenship and Immigration Services) states the following four situations in which you can apply for removal of conditions on a two-year green card:
- You are still married to the legal Permanent Resident status or U.S. Citizen at the end of an initial two-year period, commonly known as a "Joint Filling" for removal of conditions.
- If you were married in good faith and legitimately, and your spouse died within the two-year period
- If you were married in good faith, and you terminated the marriage through divorce or annulment
- If you or your children were the victims of extreme hardship by your spouse
It is recommended to consult an Immigration Lawyer who will assist you with the removal of conditions by helping you with the entire process, from document gathering to filing the required Forms.
How to keep your Green Card after Divorce?
To keep your Green Card after divorcing a U.S. Citizen or a Permanent Resident, you must prove to the USCIS (U.S. Citizenship and Immigration Services) that your marriage was legitimate and valid.
It is crucial to hire an experienced & top immigration divorce attorney to help you with the removal of conditions on your Green Card.
You must file the Form I-751 waiver application, for the removal of conditions on your Green Card.
Immigration Divorce Lawyer will assist you in filing the required forms and gathering the necessary documents for processing your immigration waiver case with the USCIS office.
At Salinas Law Firm, we have one of the top Immigration Lawyers in Houston, Texas, who will help you gather enough evidence & documents to prove that your marriage is legitimate & was entered in good faith.
After reading the blog, you will have a general understanding of whether the divorce will affect your Immigration Status and possible terminate your Green Card.
However, if you have questions, contact us at 713.518.1711 for a consultation with our Immigration Attorney. We are one of the best Immigration Law Firms in Houston, Texas, and are ready to help you with your case.