For those who have a conditional Green Card, divorce can impact their right to become a lawful permanent resident. They can still apply to remove the conditions on their Green Card and request to become a lawful permanent resident. However, they need to file extra forms and prove the reasons for the marriage and divorce are both bona fide (e.g., authentic).
Getachew & Ansari Immigration Attorneys, P.C. can assist you in removing the conditions on your Green Card after a divorce or legal separation. We understand what forms to file and can prepare you for the steps you need to take.
What Is a Conditional Green Card?
A conditional Green Card is where someone gains residency in the United States for two years with the option to get full lawful permanent resident status if they meet certain conditions. One of the ways someone can get a conditional Green Card is to marry a United States citizen or lawful permanent resident and have the marriage be less than two years old when they apply for permanent resident status.
To qualify for this type of immigration status, the person must be in a bona fide — e.g., authentic — marriage with a United States citizen.
They must meet general eligibility criteria, such as not having certain criminal convictions on their record. Lastly, the marriage needs to be less than two years old.
The person can remove the condition and gain full Green Card status if the marriage lasts at least two years and the person files the removal form at least 90 days before the conditional Green Card expires. However, there are exceptions to this rule where someone can still remove the conditions even if the marriage ends.
How Divorce Affects Conditional Permanent Residency
If you get a divorce after a conditional Green Card, you may still qualify to apply to remove the conditions and gain lawful permanent resident status. The United States government may ask you to present additional evidence to prove that the marriage was real.
From the government’s perspective, there is a concern that people will enter into fake marriages to get a Green Card. Because of this concern, they put extra regulations in place that make it harder for people to ask for this status.
To remove the conditions and request a Green Card, you must show that your marriage was real. Additionally, you need to prove that the divorce is due to a breakdown of an authentic marriage. You also need to file a waiver of the conditions and either file a petition to remove the conditions on time or, if late, not be at fault for this delay.
Can You Remove Conditions After a Divorce?
Yes, you can still ask the United States government to remove the conditions on your Green Card even if your marriage ends in divorce or legal separation. You would need to file at least two documents: a petition to remove the conditions and a waiver of the joint filing requirement.
You also need to make sure you submit these documents on time. If you cannot file them by the deadline, it can make it harder for you to remove these conditions unless you can prove that you are not the reason for the delay.
Steps To Take After Divorce To Maintain Your Green Card
After you get a divorce on a conditional Green Card, send a copy of the final divorce judgment — a court order — to the United States government. You also need to prepare and send in a petition to remove the conditions. Ideally, you would send this legal form at least 90 days before your conditional Green Card expires. However, some exceptions might allow you to file this document late.
You also have to submit a waiver. Ordinarily, you and your spouse would sign and file a joint petition for lawful permanent resident status.
After the divorce, though, your spouse would not qualify to sign this form in support of removing the conditions on your Green Card. You can prepare and send a waiver to the United States government to ask for permission to gain lawful permanent resident status without your spouse’s signature.
How U.S. Immigration Authorities Review Divorce Cases
United States government officials will want to talk to you and review forms and legal documents to see if you qualify to remove the conditions from your Green Card after your divorce. They will first double-check to see if the previous marriage was bona fide (authentic and based on love).
They might review the documents you sent to them previously and may interview you and your now ex-spouse about the circumstances of the marriage.
Then, the United States authorities will review information about the divorce. For example, they may ask you about the reason for the divorce and ask you to explain what marital problems you had. Additionally, they will read through official court documents — such as the divorce decree — about the legal separation and dissolution of marriage. They may also interview you and your ex-spouse to ask when the relationship issues started and why you felt getting a divorce was necessary.
Contact an Experienced Green Card Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
When you have a conditional Green Card, divorce or legal separation can change the steps you need to take to become a lawful permanent resident. You must file specific forms — such as the Petition to Remove Conditions and the waiver of some of the requirements — before the deadline expires. The United States government will want to see evidence that your marriage was real and not to get around the immigration laws. Additionally, United States government officials will request a copy of the final divorce decree.
For years, Getachew & Ansari Immigration Attorneys, P.C. stands with those who want to immigrate to the United States. Medya Ansari and her family went through the immigration process in 2004, which inspired her to help others through this complicated process.
Contact Medya’s team today by calling 408-292-7995 to schedule a consultation.
