How divorce affects conditional green card holders

Divorce can be a challenging and emotional experience for anyone, but for conditional green card holders, it carries additional complexities. The U.S. immigration system is already daunting, and when marital status changes, it can raise questions and concerns about one’s residency status.

Understanding conditional green cards

Conditional green cards are issued to individuals who have been married to a U.S. citizen for less than two years. This status helps verify the authenticity of the marriage. Typically, both spouses must file a joint petition to remove the conditions and obtain a permanent green card within 90 days before the card expires.

What happens when divorce occurs?

If a divorce happens before the removal of conditions, the process changes. The conditional resident must apply for a waiver since a joint petition is no longer possible. It is important to know which waiver applies to your situation. The most common is the waiver based on divorce, requiring proof that the marriage was entered into in good faith. This can include joint leases, shared bank accounts and affidavits from friends and family.

Options for victims of abuse

A specific waiver is available for those whose divorce results from abuse. This waiver allows the conditional resident to apply independently, focusing on safety and protection. Documentation of the abuse is crucial to support this waiver.

Seeking legal guidance

The complexities of immigration law during a divorce can be overwhelming. Consulting with an experienced attorney would be beneficial. They can provide personalized guidance, helping you prepare and correctly submit all necessary documentation.

Taking control of your immigration journey

While divorce can complicate your path to permanent residency, understanding your options and taking proactive steps can help maintain your immigration status. Act promptly and seek legal assistance to safeguard your future in the United States.