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Green Card After Divorce: What Happens to Permanent Resident Status?

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Law Office of Mary L. Carstarphen LLC
Green Card After Divorce: What Happens to Permanent Resident Status?

Divorce is never pleasant, but in the context of immigration law, it can be disastrous in the wrong hands. Many immigrants who arrive in the United States are understandably concerned about whether a divorce may affect their green card. Your original "conditional" green card is valid for two years if you were awarded U.S. residence as a result of a marriage to a U.S. citizen. 

 

You must file the I-751 Petition to Remove the Conditions of Residence to acquire a permanent green card. You and your new spouse must both sign it and mail it to the USCIS within 90 days of the day your conditional green card is granted. However, not every marriage lasts the whole two years. In this article, we'll look at your choices for getting a green card after a divorce or separation. The best immigration lawyer in Alabama will help you with the relevant solutions you are looking for. 

 

Divorce after I-130 Approval

There is nothing legally attaching you to the United States because the I-130 application form is merely the beginning of your immigration process toward a green card. As a result, if you and your spouse divorce, you will be unable to pursue your green card.

 

Divorce following green card acceptance, on the other hand, will not affect your status if you already have legal permanent residency. It will only be an issue if you apply for naturalization to become a citizen of the United States.

 

 

Getting Your Green Card after Divorce

What happens if you divorce your green cardholder before the two-year conditional term is up? Assume you find yourself in this situation and acquire a final divorce order before the initial period expires. In that instance, you must persuade the USCIS that there is a compelling cause to waive the joint filing requirement. This can be accomplished by establishing that the marriage was genuine and not a forgery in the first place. A knowledgeable immigration lawyer will also advise you to write a written explanation of the reasons for the green card divorce. If your case isn't persuasive and the USCIS determines that the marriage dissolved due to your fault (adultery or abandonment), your I-751 petition will likely be denied.

 

 

Submitting Evidence Regarding Divorce

As previously stated, you will need to provide evidence to the USCIS proving that the error was not yours. The following is the evidence: Irreconcilable differences cause disagreements (i.e., child-rearing, finances); a no-fault green card divorce is what it's called. The ex-spouse bears the brunt of the blame. You could give affidavits from persons in your life who are familiar with the issue if the divorce was caused by your spouse's claimed adultery, jail, or another relevant reason. Attempts at reconciliation (i.e., marriage counseling). If you attempted to seek marriage counseling or other reconciliation assistance, you could attach the bills from the session to the invoices. This will show the USCIS that the marriage was genuine in the first place and that you are not to blame for its dissolution. 

 

If you need the assistance of an expert immigration attorney in Alabama, then contact us today without any further delay. 

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