Planning a wedding is an incredibly exciting time for many, from picking out floral arrangements and caterers to finding the perfect venue and dress. However, when one partner is not from the United States, there are several additional considerations that must be made in order to prove the legitimacy of your relationship. Unfortunately, despite enduring this process, marriage can be tough, and a couple may get divorced as a result. If you are going through this emotional time, you may wonder what impact this will have on your immigration status. Keep reading to learn more and discover how a New York City green card lawyer can help you during these challenging matters.
Will I Lose My Green Card if I Get Divorced?
Many worry about how their immigration status will change after they get divorced. It’s important to understand that if you get a divorce before being fully approved as a green card holder, your status could be impacted.
When you receive your green card with conditions, also called a two-year green card, a divorce can impact your status as a lawful permanent resident. However, divorce may be necessary for a number of reasons, so it’s imperative to work with an attorney. You must prove that you entered the marriage in good faith and intended to remain married.
However, if you get a divorce after you have a green card and the conditions of the card are removed, you’ll generally be okay. It is important to note that even if you have your 10-year green card, or your lawful, permanent resident status, United States Citizenship and Immigration Services (USCIS) can still examine your circumstances to determine if your marriage was legitimate or just a means to receive your new status.
Can I Remove Conditions Without My Spouse?
If you have a conditional green card, part of the conditions associated with remaining in the country as a lawful permanent resident is that your spouse must help you file to remove the conditions on your resident status. As such, it’s in your best interest to connect with a lawyer who can help you file a waiver to excuse you from the joint filing you and your spouse must complete to remove the conditions associated with your green card. Additionally, your attorney can help gather evidence that you fully intend to remain married to your spouse.
At the Law Office of Jason A. Dennis, our team understands how complex these matters can be. Divorce is a complex emotional and legal matter and immigration issues may only further compound the stress you may feel. As such, it’s in your best interest to connect with an experienced attorney from our firm who can help guide you through these challenging issues. Contact us today to learn more.
