Our Address Has Changed! Visit Us At 910 Sheridan Avenue.
The King Law Firm
Call For a Free Case Evaluation 347.343.5467
  • Home
  • Firm Profile
  • Divorce
  • Testimonials
  • Contact Us
  • Existing Clients
  • Make A Payment
  • Call Today
  • Email Us
  • Our Map
  • Menu
background
  • We Are The Right Choice

    Reasons why our firm can handle your case.

    Find Out More
  • What You Need To Know

    Information about hiring a divorce lawyer.

    Visit Our FAQ
  • Tell Us About Your Case

    Get started with a free initial consultation.

    Contact Us Now
Blog 2019 February What Happens to My Green Card After Divorce?
Previous Post  |  Next Post

What Happens to My Green Card After Divorce?

Posted By The King Law Firm || 27-Feb-2019

If you got a green card from marrying a U.S. citizen or permanent resident but you are interested in filing for a divorce, you may be wondering what will happen to your immigration status. Depending on certain circumstances, it is possible your ability to remain in the United States could be in jeopardy. Let’s look at how divorce affects each phase of the application process.

Divorce After Filing Your Visa Petition

If you only filed a visa petition with the U.S. Citizenship and Immigration Services (USCIS), a divorce means the end of your attempt to obtain a green card. Waiting for approval doesn’t come with rights or protections to be admitted or remain in the United States.

Divorce After Getting Approved for Conditional Residence

When an immigrant marries a U.S. citizen or permanent residency, he/she can apply for conditional residence, which is a two-year green card which is given to spouse once his/her visa petition has been approved. If an immigrant spouse divorces after obtaining conditional residence, it could be challenging to get approved for permanent residence.

After two years from the date of your approval for conditional residence, you can submit Form I-751 for permanent residence. However, this form is considered a joint petition, which both spouses must sign.

In the event of a divorce, you must submit the application on your own and ask USCIS to waive the joint filing requirement. For this to happen, you must provide convincing evidence that the marriage started off as authentic, despite ending in divorce.

Common examples of evidence include copies mortgage and rental agreements, children’s birth certificates, bank and credit card statements, or life insurance shared by both spouses. Remember, you cannot use the same type of evidence you previously submitted to USCIS. The more recent the documents, the better your chances.

Divorce After Getting Approved for Permanent Residence

If you have successfully applied for a green card, you do not need to worry about losing your immigration status. Keep in mind, this only applies to permanent residents, not those with conditional residence.

Applying for U.S. Citizenship After Divorce

If you want to become a U.S. citizen, USCIS will get another opportunity to review your immigration file and marriage information. If immigration officials determine that you obtained your green card through fraudulent means, not only will you lose the ability to become a U.S. citizen, you could also get deported.

However, you should have an ample amount of documentation to prove the legitimacy of your previous marriage. Again, the more recent the evidence, the more convinced USCIS will be.

If you are interested in filing for divorce in New York, contact our Bronx divorce attorneys at The King Law Firm today.

Categories: Divorce

Share Post

Divorce

How Can We Help You?

  • Family Law
  • Child Custody
  • Child Support
  • Contested & Uncontested Divorce
  • Enforcement of Orders
  • Legal Separation
  • Matrimonial Actions
  • Mediation
  • Modifications
  • Order of Protection
  • Paternity
  • Prenuptial Agreements
  • Property Division
  • Spousal Support
  • Visitation

We Can Help!

Contact Us with Any Inquiries
Phone & Video Conferencing Available

Get in Contact
  • The King Law Firm
  • Give Us A Call! (347) 343-5467

    The King Law Firm - Bronx Divorce Lawyer
    910 Sheridan Avenue, Bronx, NY 10451 View Map
    Toll-Free (347) 343-5467
    Local (347) 380-9650
    Website: http://www.bronxdivorcelawfirm.com/
    © 2021 All Rights Reserved.
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
  • Make A Payment
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.