Navigating Divorce and Your Marriage based Green Card: What You Need to Know

Going through a divorce is never easy. But if you're an immigrant with a green card, it can add an extra layer of stress and uncertainty. You may be wondering: Will my green card be revoked? Can I still apply for citizenship? How does this affect my legal status in the U.S.?

At Sansha Law, we understand how overwhelming these questions can feel. In this blog, we'll break down what happens to your immigration status after a divorce and provide helpful tips to navigate this complex situation.

Disclaimer: The information in this blog is for informational purposes only and should not be considered legal advice.

Will Divorce Affect My Green Card?

The short answer: It depends on what type of green card you have.

If You Have a Permanent Green Card (10-Year Card)

For most lawful permanent residents, divorce does not affect their green card status. If you have a 10-year green card, you typically won't lose your status just because your marriage ends—unless the government determines that your marriage was fraudulent or any other required conditions are not fulfilled. 

If You Have a Conditional Green Card (2-Year Card)

Things get more complicated if you have a conditional green card, which is issued when your marriage is less than two years old at the time of approval. To remove the conditions on your green card, you and your spouse must file a joint petition with U.S. Citizenship and Immigration Services (USCIS).

But what if you're divorced?

You can still apply to remove conditions on your green card without your spouse's participation, but you'll need to provide proof that your marriage was real and not just for immigration purposes. USCIS will review your case on a case-by-case basis, so it's important to have strong evidence to support your claim.

Myth: Divorce leads to automatic deportation.

Reality: This is not true. While divorce can complicate the process, it does not automatically result in deportation.

Can I Still Apply for Citizenship After Divorce?

Yes, but the timeline may change.

Green card holders can typically apply for naturalization after five years. However, if you received your green card through marriage to a U.S. citizen, you may qualify for naturalization in just three years—but only if you're still married at the time of applying.

If your divorce occurs before you apply under the three-year rule, you will need to wait until the standard five-year mark to become eligible.

If you've already applied for citizenship before your divorce, your application will still be processed, but USCIS may ask additional questions to via RFE or during interview and may issue additional required documents request.

Proving a Good Faith Marriage: What USCIS Looks For

One of the biggest concerns after a divorce is proving that your marriage was legitimate. USCIS may require additional evidence to confirm that you and your spouse had a real relationship. 

If you're in the process of removing conditions on your green card or applying for citizenship, it's essential to gather as much documentation as possible to support your case. 

Could I Face Deportation After Divorce?

Divorce alone does not put you at risk of deportation, but it can impact your immigration status in certain cases. However, depend on the case to case basis, but an experienced immigration attorney can help you provide guidance.

What Should You Do Next?

If you're going through a divorce and are concerned about your immigration status, here's what you should do:

1. Consult an immigration attorney to assess your specific situation.

2. File the necessary paperwork to update your immigration status with USCIS.

3. Gather documentation to prove that your marriage was in good faith.

Having the right legal support can make all the difference in securing your future in the U.S.

How Sansha Law Office Can Help

Divorce is tough enough without the added stress of immigration concerns. At Sansha Law, we have helped many clients navigate complex immigration matters, from green card renewals to naturalization and deportation defenses.

If you need guidance on how divorce affects your marriage based immigration status, we're here to help. Contact us today to schedule a consultation and take the next step in protecting your future.

📞 Call us at: 469-777-6161
🌐 Visit us online: Sansha Law Office

Disclaimer

We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.