Can Divorce Affect Your U.S. Green Card Status?
Divorce is typically never the intended outcome of a marriage. Yet divorce happens to many couples, and there are several reasons why a marriage does not work out. The United States Census Bureau (USCB) recently reported that the U.S. marriage rate was 14.9 per 1,000 women, and the U.S. divorce rate was 6.9 per 1,000 women.
When a marriage breaks up, it can be an emotional time for the parties involved, and it can affect many aspects of their life. If you live in the U.S. and have a green card, but your marriage is over, you might wonder how this could affect your immigration status.
As if divorce is not stressful enough, not knowing what your future holds concerning your ability to remain in the U.S. can make it even more nerve-wracking. If you are concerned about how your immigration status will be affected by life changes, like divorce, you are welcome to speak to an Atlanta family immigration attorney at Shirazi Immigration Law, Inc.
What Happens To Your Green Card if You Get Divorced?
For many green card holders, divorce is nothing that will upset their way of life or adversely impact their ability to retain a green card and reside in the U.S. Lawful permanent residents that have a 10-year green card can renew by filing Form I-90 and move on with their life despite a divorce. This is because when you have a 10-year green card, divorce doesn’t really matter, and marriage status will not affect one’s immigration status. Also, if you would like to change your name because of your divorce, you can do so when you renew your green card.
Individuals who obtained their green card by marrying a U.S. citizen or permanent resident will have a conditional two-year green card. This timeframe is given so that the United States Citizenship and Immigration Services (USCIS) can assess a marriage’s legitimacy and ensure that it was entered into in good faith. If everything goes well, then the couple will file a Form I-751, Petition to Remove Conditions on Residence, and provide the additional information to prove the lawfulness of the marriage.
The problem is that when divorce happens, and an individual has a conditional green card, then a divorce can challenge the validity of a marriage. While an individual in this situation may be able to obtain a waiver to the joint petition and then file Form I-751 after they finalize their divorce, this can be tricky. USCIS will have more doubts about the marriage and as a result, assess a case like this with a considerable amount of scrutiny. And, if a waiver is not granted or Form 1-751 is not filed, then removal proceedings would begin, and deportation would likely result.
Speak with an Atlanta Family Immigration Attorney Today
For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here for you and ready to help.
Source:
census.gov/library/stories/2023/07/marriage-divorce-rates.html
