Divorce vs Marriage based Green Card

There a number of ways in which a foreigner can receive a green card or permanent residence. One such way is through a marriage to a U. S citizen. Unlike other ways to gain a green card, marriage is not full proof as marriages result in divorce. Thus it is important to know how divorce affects your green card application process/status.

Effects of divorce on Green Card Status

The U. S Citizenship and Immigration Services (USCIS) believe that a large number of immigrant marriages to U. S citizens are fraudulent and solely entered into to get U. S residence. Therefore, the U. S laws on immigration contain strict requirements as a safeguard from the exploitation of fraudulent marriages. While some divorce sprouts out of a genuine marriage, how the USCIS treats divorce depends on how far along you are in the immigration process.

Immigration process vs Divorce per stage

There are various implications of divorce at each stage of the immigration process. These affect your ability to attain a green card.

Step 1 – After approval of visa petition

The visa petition is the beginning of your immigration process and it does not give you any immigration rights. If you divorce your spouse at this stage your immigration process stops.

Step 2 – After approval for conditional residence

If you have attended the green card interview and have been approved for conditional residence; this is a 2 year green card given on the condition of your marriage. It is given to a spouse whose marriage was less than 2 years old at the date of approval.

The USCIS will review your case after the lapse of the 2 year period where you will submit the USCIS Form I-751. This form is filled by joint petition by both spouses affirming their marriage is real and ongoing. The petition also requests a change of the conditional green card status applied to one spouse.

After a divorce however, you will have to submit the petition in your own, provide evidence that the marriage was real initially and ask for a waiver for the joint petition filing requirement. However, if the divorce is not finalized by this time it is very important that you enlist the help of an attorney.

Step 3 – After approval for permanent residence

If you have already been approved for permanent residence (not conditional residence), the USCIS have no reason to look at your application, and divorce has no impact at this stage

Step 4 – When applying for U. S citizenship (naturalization)

In the event you apply to be naturalized as a U. S citizen, the USCIS will review your entire immigration history. If there are any indications that you marriage was fraudulent, they will request that you provide documentation proving that it was real. However, if you are not able to provide any proof of the genuineness of your marriage, the USCIS will not only deny your citizenship but they will refer you to the immigration court proceeding of deportation or removal from the U. S.

For assistance during your immigration process contact an immigration lawyer in Columbus, Ohio.

If you are looking for a Detroit immigration attorney, the author recommends Richard Herman Immigration Lawyer.

If you’re looking for an Immigration Office in Columbus for your deportation problems, then the author of this article recommends the Herman Legal Group.