Published: August 30, 2024
Divorce rates in the US are notably high, with or without a green card involved. But what are the potential impacts of divorce for a green card holder?
The termination of a marriage can be traumatic, potentially even more so for those who received green cards based on a marital relationship to a lawful permanent resident or US citizen. Although these situations can cause complexities, divorce doesn’t necessarily end an immigrant’s right to obtain a green card.
Below, ALG Lawyers will walk you through the legal implications of divorce for marriage-based green card holders. We’ll also guide you on how to preserve your immigration status during and after your divorce.
Impacts of Divorce on Marriage-Based Green Card Holders
The specific impact of divorce on green card status can differ significantly depending on the stage of the immigration process, when the marriage ends and whether you’re holding a permanent or conditional green card.
The effects of divorce are particularly relevant if the end of the marriage happens before getting your green card application approved. They are likewise significant before removing the conditions associated with an approved green card.
Highlighted below are the implications of such situations and other potential consequences of divorce for marriage-based green card holders at different phases of the immigration process.
Divorce During the Green Card Application
Suppose you and your sponsoring spouse divorce after applying for a green card application but before the USCIS approves the petition. The divorce may cause you to lose some immigration benefits, including remaining in the US based on the marriage. It’s worth noting that the immigration petition for a spouse is only the initial step of the immigration process.
Since that doesn’t provide any rights to enter or remain in the US, a divorce happening while a marriage-based card petition is pending will end the application. Yet, even if the petition has been approved, you cannot remain in the US without a green card. Your immigration status is only valid when the USCIS issues you a green card.
If the divorce is finalized, you no longer meet the eligibility to pursue lawful permanent residence through a marital relationship with your former spouse. That’s because the relationship that formed the basis for your green card application is no longer valid.
Divorce as a Conditional Resident
Meanwhile, additional factors will come into play if you already have a green card at the time of the divorce. Whether you’re a conditional or permanent resident will affect the specific divorce outcomes.
Essentially, you’re eligible for a conditional resident status if you’ve been married to a US citizen for less than two years at the time when you get your green card. In this case, the green card is only valid for two years. Divorce can pose substantial challenges if you’re a conditional green card holder seeking lawful permanent residence in the US.
The reason is that the green card has conditions requiring continued marital relationship with the sponsoring spouse. Hence, divorcing within two years may negatively affect your immigration status.
Divorce as a Permanent Resident
On the other hand, you’re qualified as a permanent resident if you have been married for at least two years with the sponsoring spouse at the time of admission into the US. Under this circumstance, the divorce has little to no effect on your permanent resident status.
A permanent resident’s green card typically remains valid for 10 years. Renewing it is also less complex since the USCIS won’t require you to prove the legality of your marriage. Still, you must note that until you’re naturalized, they review the case files to determine if the marriage primarily aimed for immigration benefits.
At this stage, the divorce would trigger the USCIS to investigate your case for any signs of your marriage fraudulently entered into to secure US citizenship. This may cause delays, mainly if the marriage lasted less than three years. But losing your residency or being subjected to deportation are unlikely.
Critical Actions to Protect Your Marriage-Based Green Card Status
Taking proactive steps can minimize the implications of divorce on your marriage-based green status. In any case, you should always begin by obtaining legal help from an experienced immigration lawyer.
A lawyer can better identify how the termination of marriage can impact your marriage-based green card status and what key actions to take to protect them. Yet, for a starter, here’s what you can expect to do when you’re in the process of filing for divorce while obtaining an immigration status based on the marital relationship.
File Petition to Remove Conditions
If you’re a conditional green card holder and wish to remain in the US, you must file a petition to remove the conditional status and seek permanent residency. Ensure to do so before the conditional green card expires in 90 days.
Remember, if you file jointly, you and your sponsoring spouse must sign the petition form to demonstrate an ongoing marriage and that both parties agree to and support the removal of the conditional status.
Apply for a Waiver of Termination
Suppose your marriage has already terminated. You can still file a petition without your spouse’s cooperation by applying for a waiver of termination. Doing so will enable you to request the USCIS to turn your conditional residence status into a permanent one without relying on your US citizen spouse.
A marriage-based temporary green card is necessary to be eligible for a waiver request. But it’s still possible to apply for a waiver based on other circumstances, such as extreme mental cruelty and spousal abuse. While applying for multiple waivers simultaneously is feasible, these applications are complex, so you must seek legal counsel.
Submit Evidence to the USCIS
Providing the necessary documentation is crucial to securing conditional residence in the US while you await a final decision on your request for permanent residency status. This involves demonstrating to the USCIS that the marriage was legitimate and authentic.
You might find it more challenging to prove that if the divorce takes place within two years of marriage. Hence, it’s always in your best interest to work with an immigration lawyer. They can help strengthen your case and advocate for your permanent resident status.
Make Informed Legal Decisions With ALG Lawyers
The potential for errors is significant with the complexities involved in the divorce and immigration process. Divorce can result in further scrutiny of your immigration case, and
any incorrect steps can significantly delay processing times. In the worst-case scenario, it can put your immigration status in jeopardy.
Seeking the assistance of an immigration lawyer is advantageous, particularly if you’re divorcing with a conditional green card. Our team at ALG Lawyers, Los Angeles Immigration Lawyers, can help evaluate your options and make informed legal options to reach the best possible outcome for your case. Give us a message now to obtain a case evaluation from our experienced managing attorney.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)