If you’re like many others, you may have received a green card based on your marriage to a United States citizen or lawful permanent resident. However, despite entering a marriage in good faith, you may have encountered insurmountable obstacles that have resulted in you and your spouse calling it quits. If you are getting divorced, it’s essential to understand how this can impact your immigration status. Please continue reading to learn more and discover how our dedicated Essex County Green Card Attorneys can help guide you on what to do about your situation to remain in the country legally.
Will I Lose My Green Card if I Get Divorced?
When you receive a green card, you are granted permission to live and work in the U.S. However, some circumstances can affect your lawful permanent resident status, and one of them is divorcing your spouse who sponsored you for a green card. It’s important to understand that when you have a marriage-based green card, your immigration status will change, mainly if your divorce occurs before you are approved for a green card or after you receive a green card before you can remove the conditions on it.
If you and your spouse get divorced after applying for a green card on your behalf but before United States Citizenship and Immigration Services (USCIS) approves your petition, they will not issue you a green card. You no longer qualify for a green card under this category and cannot continue the process. Unfortunately, even if your petition is approved, but USCIS has not yet issued your green card, you cannot remain in the U.S. as your immigration status is no longer valid. Nevertheless, there are circumstances in which you may be able to continue the process through self-petitioning. Speaking to an attorney as soon as possible is advisable to determine whether you qualify.
Can You Remove Conditions Without Your Spouse’s Consent?
In most cases, when USCIS issues a green card to an individual who has been married for less than two years, it will come with conditions attached. This is known as a two-year green card. Essentially, the condition is that you remain married to the spouse who sponsored you for your green card for this period. If you divorce before the two years have expired, your immigration stats will be impacted.
Fortunately, if you wish to remain in the U.S. with a conditional green card after your divorce, you can file Form I-751 and a waiver for the joint filing requirements. This is necessary because you typically need your spouse to file the petition on your behalf. However, a waiver will enable you to file the petition without your spouse’s cooperation. It’s important to note that this route requires proof that you fully intend to remain married to your spouse.
If you have received your green card based on your marriage to a U.S. citizen or lawful permanent resident, but you have since divorced your sponsoring spouse, it’s in your best interest to enlist the help of a seasoned Essex County green card attorney who can help you navigate your legal options. Contact the Law Offices of Christopher T. Howell, Esq. to learn how we can assist you during these challenging times.
