Divorce with a Green Card: Navigating the Legalities

Many individuals seeking to immigrate to the United States through marriage want to ensure they understand the legal implications of divorce with a green card. This article aims to clarify the process and potential issues surrounding this topic.

Can You Divorce After Obtaining a Green Card?

The answer is unequivocally yes. The immigration status of either party in a marriage does not impede the right to divorce. This principle holds true regardless of whether the individual is a conditional or non-conditional permanent resident. If the marriage was based on genuine intentions and not fraudulent, the divorce process can proceed without major complications.

Staying in the U.S. Post-Divorce

For those concerned about their ability to remain in the U.S. after a divorce, the answer is also a definite yes. Assuming the marriage was not fraudulent, the non-citizen spouse can retain their green card. This is true even if the couple was a conditional permanent resident. In the case of conditional residents, the divorce process can lead to additional steps, such as applying for Removal of Conditions based on divorce.

Important Considerations

No Restrictions Based on Length of Stay

Regarding the requirement of a 10-year conditional green card, it is important to note that there is no requirement to have held a green card for a specific duration before initiating a divorce. Whether you have a 10-year green card or a 2-year conditional green card, the divorce decision can be made without such limitations, as long as the marriage was not fraudulent.

Intentions Behind the Marriage

The absence of clear restrictions on divorce does not mean that one can proceed without consideration. It is crucial to understand the potential implications of divorce, particularly if your marriage was not genuine. If the immigrant entered the marriage with the sole purpose of obtaining a green card, this fact can raise doubts about the validity of the marriage and jeopardize their green card status.

Protecting Your Green Card Status

To protect your green card status, it is advisable to approach the divorce process with transparency. If either spouse suspects that the marriage was entered into for the sole purpose of obtaining a green card, they may file a complaint of marriage fraud with the Department of Homeland Security (DHS). Such accusations can lead to the immigrant being required to withdraw their green card application or, in severe cases, being deported.

Conclusion

Divorce with a green card is a possibility if the union was genuine and not entered into for fraudulent purposes. However, it is important to proceed with caution and consider the potential consequences, especially in terms of the immigrant’s green card status. Consulting with an immigration attorney can provide guidance and ensure that all legal requirements are met throughout the divorce process.

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