If you are a married immigrant who is living in the United States with a green card holder or a US citizen, divorce or annulment could impact your immigration status. How divorce impacts your immigration status depends on the type of green card you have.
If you are going through a divorce you need to prove that your marriage was real and not fraudulent in order to get the conditions removed from your green card on your own. The conditions on a permanent resident status are removed by filing USCIS Form I-751. A qualified immigration attorney can help you apply for a waiver to the joint I-751 filing requirement and provide evidence that your marriage was entered in good faith.
The answer to this question depends on the type of green card that you have.
If you have a green card with no conditions, then that means immigration has given you the ability to remain in the United States permanently. In this case, a divorce or separation will not have any effect on your ability to remain in the United States.
If you have a conditional residence green card then you need to file to remove your conditions. In this case, you can file an I-751 joint filing with your spouse. Otherwise, you must wait to file for a waiver of the joint filing requirement until after the divorce is finalized.
If the I-751 is jointly filed and then you separate or start the divorce process, USCIS will generally send you a notice giving you 87 days to provide a divorce decree. If the decree is presented within that time the officer will amend the petition to treat it as a waiver petition. If the decree is not produced, the officer will decide the case as a joint petition.
Feel free to watch some of our videos discussing the I-751 process.
If you have any questions about the green card process please call us for a consultation.
If you are divorcing a U.S. citizen and are concerned you will lose your green card, contact the experienced immigration attorneys at Godoy Law Office in Cook and DuPage Counties, Illinois, to advise you on your removal of conditions petition. Please contact our office or call us at 855-554-6369.