Can you retain your green card after divorce?

Divorce is never easy! Especially, when it comes to immigration law, it can lead to destructive situations. Most of the immigrants in the United States live with this fear whether a divorce will threaten their green card or not. Generally, if a person receives U.S. residence by marrying a U.S. citizen, then initial “conditional” the green card is valid for 2 years. To change the conditional green card to a permanent green card, you have to file the I-751 Petition. You and your partner need to sign it and submit it to the USCIS within 90 days before the date conditional green card has been issued to you. However, if the marriage breaks before two years. Below we’ve explained more options to obtain a green card after divorce. You must hire the best immigration lawyer in New York for assistance throughout the process.

How to remove conditions on green card?

According to USCIS, there are five situations under which you can remove conditions on your 2-year green card.

• In case, you’re still married to the U.S. citizen or legal permanent resident by the end of the initial conditional green card time period. If you and your children have received green cards at the same time, you can also include them into the application for removing conditions.
• If your parent has a conditional green card and you can’t be included in their application.
• If you married a person in good faith and your spouse is deceased.
• If you and your child experienced extreme hardship because of your spouse.
• If you married a U.S. citizen in good faith, but your marriage was ended through divorce.

What happens if you and your spouse divorce after I-130 approval?

Since the I-130 is the initial step for your immigration journey to obtain a green card, so you don’t have anything legal to stay back in the U.S. If you and your spouse get divorced, you won’t be able to continue the process of obtaining a green card.

On the other hand, if you already hold a legal permanent residency in the United States, then a divorce occurs after green card approval this will not affect your status.

Can you get a green card after divorce?

Well, if you get a divorced before the end of the initial 2 years conditional period of the green card, you must convince the USCIS that you got a valid reason to bypass the joint filing requirement. You can do this by demonstrating that the marriage was bona fide and not fraud.


Are you experiencing a situation like this? If yes, you must consult the best immigration law firm in NYC to find the right solution. To know more, contact Wildes & Weinberg - (212) 753-3468.