Navigating Divorce and Green Card Status: Can My Green Card Be Revoked After Marriage?
Marriage often brings a sense of stability and future together, but not all marriages are meant to last. You've been a green card holder for nearly three years following marriage, and now your wife wishes to end the marriage. You're wondering if this means your green card will also be revoked. The short answer is no, only USCIS has the authority to revoke a green card. Here's what you need to know.
Understanding the Green Card Status
Marriages can break apart for various reasons, and not every marriage that ends in divorce is fraudulent. While your marriage was also tumultuous, it’s important to understand your rights as a green card holder. Once you have a green card based on marriage, it is not easily revoked unless you voluntarily abandon your permanent residency or apply for U.S. citizenship.
Impact of Divorce on Green Card Status
Divorce should not affect your green card status as a U.S. permanent resident. The key is to adhere to the necessary steps and requirements. If you have a 2-year conditional green card, or if your I-751 application to remove conditions is pending, it is crucial to speak with an immigration attorney.
If your green card is based on a marriage that lasted more than two years, you are eligible to apply for U.S. citizenship. This underscores the importance of maintaining your residency and fulfilling any additional requirements promptly.
False Beliefs About Green Cards and Marriage
Many people believe they must continue their marriage to keep their green card. This is not accurate. Here’s why:
Permanent Residency Status: Even if your green card is conditional, you are still a permanent resident. Your spouse or ex-spouse cannot terminate an approved green card. They can prevent one from being issued in the first place but cannot revoke an existing one. Options for Conditional Green Cards: For those with a 2-year conditional green card, the removal of conditions process, often through the I-751, can be filed even if the marriage ended in divorce. It's essential to demonstrate that both parties were truly in the marriage for the purpose of building a life together. Immigration Law Flexibility: Immigration law does not force people to remain married indefinitely. Marriage fraud, however, is treated harshly, which is why legal representation is crucial.Seeking Professional Legal Advice
Given the complexity of these situations, it is highly recommended to seek professional legal advice. Working with a qualified immigration attorney can help you navigate the process effectively and ensure your rights are protected.
For those facing similar situations, remember that a divorce does not automatically revoke a green card. Focus on understanding your legal standing and taking the necessary steps to protect your residency.
Harshail Mody, a leading authority in immigration law, specializes in providing comprehensive legal guidance for individuals in such challenging situations. Would you like to schedule a consultation?