While divorce means the end of a marriage, it could also result in revocation of permanent residence—and even deportation from the United States. According to U.S. immigration laws, an immigrant who is part of a legitimate marriage can qualify for a green card.
Will I lose my green card if I get divorced?
The vast majority of green card holders are mostly unaffected by a divorce. If you are already a lawful permanent resident with a 10-year green card, renewing a green card after divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card.
How long after getting green card can you divorce?
Naturalization and Divorce
If you divorce before you apply, then you have to wait the full five years that a non-marriage green card holder would.
Can I take my husband’s green card away?
In a typical Green Card case, if the couple has been married for less than two years then the U.S. citizen, spouse and the immigrant have to file another form at the end of the two years or actually right before the end of the two year anniversary of the Green Card and they have to ask to get the conditions removed.
How long do you have to stay married to keep your green card?
Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
Can I cancel my spouse conditional green card?
If you or your spouse has conditional permanent residency, you’ll need to file Form I-751, the “Petition to Remove Conditions,” so that you can get a permanent green card.
How do I get a permanent green card after divorce?
To receive a permanent green card, you are required to file the I-751 Petition to Remove the Conditions of Residence. Both you and your new spouse must sign it and mail it within 90 days to the USCIS prior to the date your conditional green card is issued. However, not all marriages make it the entire two years.
Will I be deported if I get divorced?
Divorcing while undocumented
Being married to a US citizen does not automatically provide an undocumented immigrant with legal status, and filing for divorce does not prompt deportation proceedings. Although the divorce court is not permitted to contact US Immigration and Customs Enforcement (ICE), others may do so.
What happens if you get divorce during conditional green card?
If you file for divorce after going from conditional to permanent residence, the divorce will not change your immigration status directly. It will, however, force you to wait five years instead of three to become a naturalized U.S. citizen.
Will a divorce affect my 10 year green card?
If you have a 10-year green card, a divorce should have very little effect on your immigration status. You are not going to automatically lose the green card because of the divorce. … USCIS usually finds out that your marriage ended in a divorce when you apply for U.S. citizenship or naturalization.
Can USCIS revoke my green card?
A Green Card grants its holder the right to live and work in the United States permanently. However, Green Cards can be revoked. Failure to advise of a change of address – Permanent residents must report any change of address to USCIS within ten days. …
Can divorce affect my immigration process?
A divorce may make it harder to become a permanent resident, but it is still possible. … If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. However, the divorce may force you to wait longer to apply for naturalization.
Does adultery affect green card?
Yes. If you have had an extramarital affair within the Good Moral Character period that is required in order to naturalize (usually the past five years), it is possible you might not qualify for U.S. citizenship.
What happens when you divorce a non U.S. citizen?
If you are divorcing a noncitizen within two years of the marriage, your spouse may lose their residency status. Noncitizens must typically apply for a termination waiver if they still wish to pursue citizenship. Both parties must sign this document and show that they entered the marriage in good faith.