Skilled Immigration Attorneys for Divorce After Green Card

Getting divorced while your green card visa is processing can drastically affect your immigration status and rights. The U.S. Citizenship and Immigration Services (USCIS) understands that relationships can fall apart or end, but the timing can impact one’s chance of remaining in the country. This article will explain a few marital scenarios that could lead to cancellation.

Divorce Before Approval

Have you divorced your spouse before green card approval? An immigration lawyer would advise you to prepare for the aftermath that follows. U.S. immigration laws only qualify valid marriages for a green card – signs of deceitful unions or separation are enough for the agency to halt the immigration process.

Studies show divorce among immigrant couples usually occurs within the first several months to the first two years of marriage after approval. According to Associated Press News, 24.7% of immigrants coming to America through marriage separate in the first 15 years; 19% in the first two years; 42% in the next 5-6 years. Though it might feel isolating, this is relatively common.

Divorce After Approval – I-130 Petition

If the USCIS has approved Form I-130, you still risk losing your eligibility if a physical green card has not been mailed to you. The visa petition only starts the immigration process. It does not grant you rights to arrive or remain in the country. If the marriage ends in divorce at this stage, sponsored spouses will not be able to proceed.

Divorce Post Permanent Residence Approval

The USCIS is more inclined to grant approval to couples who have been married for two or more years than newlyweds. But after entry to the U.S., immigration agencies are unlikely to look as closely at your application. Should you get divorced, you wouldn’t have to worry as much – but this would be something to address with a permanent resident attorney.

After approval, most clients often ask, “can a permanent resident be deported,” or “can you lose permanent resident status in the United States?” Green card holders are not always affected by divorce. However, it varies per case. Those who separate after two years have a higher chance of remaining in the U.S. compared to others. Unless a visa is pending, the USCIS does not have a reason to reevaluate the petition.

Divorce After Conditional Residence

Conditional resident status imparts a qualifying spouse admission to the U.S. for two years, unlike the traditional permanent resident card that lasts for 10. Conditional residence is generally relevant for newlyweds. There is an opportunity to petition within 90 days before the renewal deadline.

After divorce, the qualifying spouse must file Form I-751 (Petition to Remove Conditions on Residence) to remove the marital conditions from their permanent resident status. The USCIS will request additional evidence demonstrating that the marriage wasn’t fraudulent – and ended unexpectedly. A few examples you can use include:

• Bank statements
• Birth certificates
• Mortgage agreements
• Documentation of marriage therapy or counseling
• Credit card statements

Your immigration attorney can assist and guide you through the process if this applies to you. We can also help you pursue an alternative visa from one of several categories, including employment, criminal victim visas, through other family members, and others.

Can It Impact Naturalization?

Getting divorced almost has a domino effect on every aspect of immigration. When you apply to naturalize, the USCIS will continue to look for signs of fraud – primarily marriages that ended suddenly after a green card was approved. You will be required to verify it was real (bona fide).

At this point, you will have ample evidence in your file. However, we would advise you to provide new and relevant information to help your case. If you’re unable to, the USCIS has legal grounds to deny you citizenship and begin removal proceedings as well.

About Grey Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.