Divorce can be stressful on its own. However, when immigration is involved, the stress levels can be higher. If you’re in the middle of the green card process and your marriage ends, your immigration status could be affected.
Whether or not you can stay in the U.S. will depend on your immigration status and the type of application you filed. Here are some important factors to consider.
If you filed through a U.S. citizen spouse
If your green card application is based on marriage to a U.S. citizen and you divorce before approval, your case could be denied. The U.S. Citizenship and Immigration Services (USCIS) may question whether the marriage was real. Green cards through marriage are closely watched for fraud.
You’ll need to show that your marriage was entered into in good faith. Documents like shared leases, joint accounts and photos can help prove this.
If you already have a conditional green card
Couples married less than two years at the time of green card approval get a two-year conditional green card. Before this expires, both spouses must file Form I-751 to remove conditions. If you’re divorced, you’ll need to request a waiver.
USCIS will again look at whether the marriage was genuine. If approved, you’ll get a 10-year green card. If denied, you may face removal proceedings.
If you are in removal proceedings
If divorce leads to the denial or revocation of your green card, you may be placed in removal proceedings. However, you could still fight your case. Waivers and other forms of relief may be available.
Divorce during the immigration process is serious, but it’s not always the end of your right to stay in the United States. By seeking legal guidance, you give yourself the best possible chance of a successful outcome.