Divorce can be tough and complicated, especially for green card holders whose residency status in the US is tied to their marriage. When you’re getting a divorce you need to know how it will affect your immigration status, financial situation, and custody arrangements especially if there are kids involved. Navigating these issues requires knowledge of both immigration and family law. Working with an experienced Friendswood divorce lawyer will give you the guidance you need to protect your rights during this crazy time.
This blog will guide you on how to help protect your rights and secure your future during a green card divorce.
Green Card and Divorce
Divorcing as a green card holder is complicated and requires understanding how marital status affects green card status and the difference between conditional and permanent green cards in these situations.
Marital Status and Green Card
Marital status plays a big role in the green card process for immigrants in the US. A green card or permanent resident card is often obtained through marriage to a US citizen or permanent resident. The foundation of this green card application is the marriage itself which must be genuine and not entered into for immigration purposes only.
When a marriage ends in divorce it can affect the green card holder’s residency status especially if the divorce happens before the green card is approved. For those who are still in the process of getting permanent residency, divorce can introduce big complications and potentially put their ability to stay in the country in jeopardy, particularly if they are married to a U.S. citizen or lawful permanent resident.
Conditional vs. Permanent Green Cards in Divorce
Green cards issued based on marriage can be conditional or permanent and the difference between the two becomes crucial in divorce situations. Conditional green cards are given to those who have been married for less than 2 years at the time of application approval. These green cards are valid for 2 years and the holder must file a joint petition (Form I-751) to remove conditions on residency within 90 days before the card expires.
If the couple gets divorced before the conditions are removed the green card holder must prove that the marriage was entered into in good faith and not for immigration benefits. This can be complicated and requires a lot of documentation.
Immigration Status
Divorce can affect a green card holder’s immigration status in many ways depending on the type of green card and the timing of the divorce. Failing to properly file Form I-751 after a divorce can lead to serious consequences, including removal proceedings.
Divorce and Green Card Holder’s Residency Status
Divorce can have big implications for a green card holder’s residency status in the US. For those with a green card through marriage, the dissolution of that marriage will trigger a review by US Citizenship and Immigration Services (USCIS) to make sure the marriage was bona fide and not for immigration purposes only.
A divorce does not automatically revoke a green card but it can trigger more scrutiny especially if the green card was recently approved. Green card holders should be prepared to prove the legitimacy of their marriage to keep their permanent resident status. It is important to note that the renewal application, Form I-90, does not inquire about one’s marital or relationship status, indicating that such status has no bearing on the green card renewal for those who have moved past their conditional status.
Challenges for Conditional Green Card Holders
Conditional green card holders have special challenges when getting a divorce. A conditional green card is given to those married less than 2 years at the time of residency approval and requires the couple to jointly file a petition to remove conditions on residency within 2 years.
If divorce happens before the conditions are removed the green card holder must file a waiver and prove the marriage was entered into in good faith. This can be complicated, especially for those who are victims of battery or extreme cruelty by their U.S. citizen or lawful permanent resident spouse and may require legal help to navigate through. Failure to remove conditions on time or to prove the marriage was legitimate can result in loss of residency status and potential deportation from the US.
What to Do When Faced with Green Card Divorce
When getting a divorce as a green card holder you must take specific legal steps to protect your immigration status and comply with US regulations.
Report Changes in Marital Status to USCIS
When a green card holder is getting a divorce the first step is to report to U.S. Citizenship and Immigration Services (USCIS) any changes in marital status. Failing to report these changes can cause problems in future immigration applications or renewals.
File a Waiver or Joint Petition for Conditional Green Card Holders
For conditional green card holders, the next step is to file a waiver of the joint filing requirement if divorce happens before the 2-year conditional period ends. This waiver requires substantial evidence to prove the marriage was legitimate and not entered into for immigration purposes.
Get Supporting Documents
Also get all relevant documents such as joint financial records, correspondence, and affidavits from friends and family to support the case that the marriage was not fraudulent. This evidence will be used to prove the marriage was legitimate to USCIS.
Get Professional Help
These processes can be complicated so get professional help. An attorney can ensure compliance with all immigration regulations and protect the green card holder’s rights and status.
Financial and Custody Implications
Divorce can have financial and custodial implications for green card holders affecting their economic stability and ability to stay in the US.
Financial Impact of Divorce on Green Card Holders
Divorce can affect the financial situation of green card holders, especially if they are financially dependent on their spouse, and can have implications on their green card status. The division of assets and debts during divorce can result in reduced financial stability, so it’s important to consider how these changes can affect one’s ability to meet residency requirements.
For example, loss of income or assets can affect the ability to prove financial independence which is required for certain immigration benefits. Green card holders may also have financial obligations such as spousal support or alimony which can further strain their finances. It’s important to consider these financial implications and plan accordingly to avoid jeopardizing one’s immigration status.
Custody if Children are Involved
When children are involved divorce can be more complicated for green card holders. Child custody arrangements can affect not only family dynamics but also immigration status. Custody decisions must consider the best interest of the child which includes evaluating each parent’s ability to provide a stable environment. For green card holders, having custody or joint custody can affect their ability to stay in the US and long term residency.
Also international custody disputes can arise if one parent wants to move out of the US. Green card holders should work with both family and immigration attorneys to navigate custody arrangements to protect their rights and their children.
Contact an Experienced Woodlands Divorce Lawyer Today!
If you are a green card holder facing the complexities of divorce, it’s essential to have knowledgeable legal support on your side. Consult with our team at Bolton Law to discuss your situation and get the guidance you need. With professional assistance, you can navigate the challenges ahead and ensure that your rights and residency status are protected.
Call us at 281-351-7897 for a free consultation ASAP!
