Immigrants Guide for Divorce and Green Cards

Life comes with many challenges and difficult experiences and divorce can be a hurdle that a lot of people have to go through. A divorce comes with a lot of heartache and the potential for financial strain and a divorce can even affect an immigrant’s status in this country. It’s important to understand exactly what can happen with divorce after a green card and US Immigration Bonds is here to explain the process and provide you with insight on how your permanent residence status will be affected after a divorce.

Steps in the Immigration Process

There are many factors that contribute when figuring out how your immigration status will be played out after a divorce such as how long the marriage lasted and how far along you were in the process for permanent residence.

Before Approval of a Green Card Application

If the divorce occurs at any point before being approved for a green card application, unfortunately the immigration process stops at this point. The eligibility of a green card is no longer valid during this time. If the divorce occurs before the interview process, this automatically dissolves the potential for a green card.

Approval for Conditional Residence

If you have been already approved for conditional residence and then file for divorce, you will face some issues with USCIS. At this stage of the process, you and your spouse will usually submit a joint petition for a USCIS Form I-751, however after a divorce you must submit this on your own and state multiple clear reasons why your marriage was legitimate in the first place. A divorce will force the individual to submit a waiver for the joint filing condition.

Naturalization Status

If you are at the point of applying for US citizenship and you get divorced, USCIS will most likely have the opportunity to dig into your entire immigration history. This process includes providing proof that your marriage was not fraudulent and only based off one spouse receiving a green card. If USCIS determines that the marriage was in fact fake, you can potentially face deportation.

US Immigration Bonds is here to help you through the immigration process and give you insight on divorce after a green card and the conditions that one may face. For more information and an in-depth guide to green cards and marriage, view our blog on Green Card & Marriage: Understanding the Process.