A divorce on its own is an incredibly difficult and emotional process, twofold when you’re dealing with the added stress of immigration. If you obtained a green card through marriage, getting divorced can have serious consequences for your immigration status—but with the help of a dedicated legal team, you should have nothing to worry about. Below, we explore what happens if you get divorced after obtaining a green card and what your options are.

Conditional green card

If you obtained a green card through marriage and your marriage was less than two years old at the time of approval, you likely received a conditional green card. This means that your green card is valid for two years, after which you must apply for removal of conditions to obtain a permanent green card. To apply for removal of conditions, you and your spouse must jointly file Form I-751, Petition to Remove Conditions on Residence.

If you get divorced before you can apply for removal of conditions, you can still apply on your own by filing Form I-751 with a waiver of the joint filing requirement. However, you will need to prove that your marriage was entered into in good faith and not solely for immigration purposes. This can be difficult to do without the help of an experienced immigration attorney.

Permanent green card

If you obtained a green card through marriage and your marriage was more than two years old at the time of approval, you likely received a permanent green card. This means that you have lawful permanent resident status in the US and can live and work here indefinitely.

If you get divorced after obtaining a permanent green card, your immigration status is not automatically affected. However, you may need to provide evidence that your marriage was entered into in good faith if you apply for US citizenship or travel outside the US for an extended period of time. Additionally, if you obtained your green card through marriage to a US citizen and your divorce was finalized within three years of obtaining your green card, your ex-spouse may be required to repay the US government for any means-tested public benefits you received during that time

Options after divorce

If you get divorced after obtaining a green card, you still have options for maintaining your immigration status. Some of these options include:

1. Applying for US citizenship: If you have been a lawful permanent resident for at least five years (or three years if you obtained your green card through marriage to a US citizen), you may be eligible to apply for US citizenship. This can provide you with greater security and freedom to travel outside the US.
2. Applying for a waiver of joint filing requirement: If you are unable to file Form I-751 jointly with your ex-spouse, you can apply for a waiver of the joint filing requirement. To do this, you must demonstrate that your marriage was entered into in good faith and that you would suffer extreme hardship if you were required to leave the US.
3. Finding a new qualifying relationship: If your divorce was finalized before you obtained a permanent green card, you may be able to obtain a new green card through marriage to a different US citizen or lawful permanent resident. However, you will need to prove that your new marriage is entered into in good faith and not solely for immigration purposes.
4. Seeking asylum or other forms of relief: If you are facing persecution in your home country or have been the victim of certain crimes in the US, you may be eligible for asylum or other forms of relief. This can provide you with a pathway to permanent residency and eventual citizenship.

Get in touch with The Meza Law Firm about what happens if you get divorced after the green card!

Divorce can be a difficult and stressful process, especially when you’re dealing with the added stress of immigration. If you obtained a green card through marriage and are facing divorce, it’s important to understand your options and seek the help of an experienced immigration attorney. At The Meza Law Firm, we are dedicated to helping immigrants navigate the complex US immigration system and protecting their rights. Contact us today to schedule a consultation and learn more about how we can help you maintain your immigration status after a divorce.