Divorce is a challenging life event, and for green card holders, it can raise additional questions about their immigration status. If you obtained your green card through marriage, you might wonder: Will my divorce affect my permanent residency? The good news is that, in most cases, divorce does not automatically mean losing your green card. However, the circumstances of your case can make a difference.
Here’s what you need to know about divorce after getting your green card.
1. Green Cards Based on Marriage: Conditional vs. Permanent Residency
Green cards obtained through marriage come in two types:
- Conditional Green Card: If your marriage is less than two years old when your green card is approved, you receive a conditional green card.
- Permanent Green Card: If your marriage has lasted two or more years at the time of approval, you receive a 10-year green card.
The impact of divorce varies depending on which type of green card you hold.
2. Divorce and Conditional Green Cards
If you have a conditional green card, you must file Form I-751, Petition to Remove Conditions on Residence, to obtain a permanent green card. Typically, this form is filed jointly with your spouse, but if you are divorced, you can request a waiver of the joint filing requirement.
To succeed, you’ll need to provide evidence that:
- Your marriage was entered into in good faith, not solely for immigration purposes.
- You faced circumstances that led to the divorce.
Supporting documents might include:
- Photos, shared financial records, and other proof of a genuine marriage.
- Divorce decree or legal separation paperwork.
3. Divorce and Permanent Green Cards
For green card holders with 10-year permanent residency, divorce typically does not affect your status. Once you receive a permanent green card, you are considered a lawful permanent resident, and your residency is not tied to your marital status.
However, divorce could affect your ability to:
- Apply for U.S. Citizenship: If you planned to apply for citizenship after three years of residency as the spouse of a U.S. citizen, you will now need to wait five years.
- Sponsor Family Members: Divorce might also impact your ability to sponsor your ex-spouse or stepchildren for green cards.
4. Proving a Good-Faith Marriage
U.S. Citizenship and Immigration Services (USCIS) may review your case during the green card renewal or naturalization process to ensure your marriage was legitimate. Keep documentation of your relationship to demonstrate good faith, including:
- Joint bank accounts, leases, or mortgages.
- Photos of vacations, family gatherings, or events.
- Correspondence between you and your spouse.
5. Legal Help for Green Card Holders After Divorce
If you are worried about how your divorce might affect your green card status, seeking legal advice is essential. An experienced immigration lawyer can help you:
- Navigate the I-751 waiver process if you have a conditional green card.
- Prepare for interviews or additional scrutiny from USCIS.
- Understand your rights as a permanent resident during and after divorce.
Final Thoughts
Divorce can complicate your life, but it doesn’t have to threaten your green card status. With the right legal guidance and proper documentation, you can maintain your permanent residency and continue building your future in the United States.Need Help?
If you’re dealing with divorce and worried about your immigration status, contact our office today. Our team of expert immigration lawyers can guide you through the process and protect your rights as a green card holder.
