CAN I GET DIVORCED & KEEP MY GREEN CARD?
If you are already a lawful permanent resident with a 10-year green card, renewing a green card after divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card. There are no questions directly related to your marriage status. Once you have a 10-year green card, marriage status doesn’t directly affect your immigration status.
A divorce or annulment may pose a problem if you obtained your green card through marriage to a U.S. citizen or permanent resident. In these cases, USCIS issues a two-year conditional green card. The two-year period provides USCIS time to evaluate the bona fides of the marriage. Immigration law requires USCIS to take additional steps in green card marriages to ensure that the marriage was entered in good faith. At the end of this probationary period, the couple must file a joint petition (Form I-751, Petition to Remove the Conditions on Residence) along with evidence to prove the bona fides of the marriage.
If you need help with an immigration-related matter the experienced immigration attorneys at Orlando, Florida’s HAWM Law Firm are ready to fight for the best possible outcome in your case.
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