If he breaks that rule (get divorce) his green card will be revoked. If he was married for less than 2 years when he got the green card, he was issued a 2 year green card, and at the end of the 2 year period, he must apply to remove the condition on his green card with USCIS after getting a divorce … U.S. law contains a long list of grounds upon which non-citizens or immigrants may be deported (removed) back to their country of origin. However, if your green card is still pending and you are required to attend an interview then there is a chance that your green card won’t be approved. The Immigration and Nationality Act (INA) sets forth various grounds upon which a non-citizen may be deported. Getting a green card after divorce can be a complex process which is best handled by an immigration lawyer. Adjustment Of Status Consular Processing – Adjustment Of Status Experience. Can Green Card Be Revoked After You Divorce? 2) The Resident commits some crime that makes them deportable. However, there are ways to lose permanent resident status. Learn your options in this post. If you pretend to still be married in hopes of receiving a green card, you could be subject to prosecution, and USCIS can move to revoke any green card … It seems he married her for the green card. Furthermore, their visa will be revoked immediately. – What if I Flunk my Immigration Drug Test? If your marriage dissolves and ends in divorce, it’s important to know what type of green card you have. Each year the U.S. deports thousands of lawful permanent residents, 10 percent of all people deported. Failure to Establish a Permanent Residence, or Abandonment of Permanent Residence - Green Card holders must maintain residency in the United States, so if a permanent resident remains outside of U.S. territory for 180 days or more, their Green Card will be revoked. You might be waiting for USCIS to act on the I-130 petition your spouse has filed. If your wife has been granted unconditional residency then her green card will not be affected after you have divorced. In some cases, the Green Card can be revoked. Typically, both spouses file this form together and include documents that prove that they are still married. However, it is possible to be deported. Worried about your green card being revoked, or even being deported because of an impending divorce? If an approved I-130 is as far as you have gotten in the green card process, a divorce at this stage will make you ineligible to obtain a green card through marriage. She wants out of this. I haven’t mentioned to him that I’m here on a green card. Ask Your Own Immigration Law Question. Divorce cases can take a long time. The green card immigration status allows you to live and work in the U.S. indefinitely. However, if the marriage has already ended under state law, then you may file the I-751 by yourself by filing a waiver. If someone marries a US citizen only to get a green card, the green card can be revoked. This used to be called deportation. This final decision is often a relief for the parties involved. If your U.S. spouse has started the process for you by filing a petition on Form I-130, and even if that petition has been approved, you yourself have no rights to reside in the U.S., much less to apply for a green card … A divorce decree, on the other hand, is an enforceable court order that both parties must follow. If you are an immigrant who was married to a citizen of the U.S. for less than two years when your green card was approved, you received “conditional” residency status. (See Immigration and Nationality Act at I.N.A. She feels victim to marriage fraud, as a gateway to living in America. If the immigrant is already here in the country and his green card cannot be rescinded, the next most likely method for revoking sponsorship is to report any grounds for removal. Can my Green Card be revoked?. If you are married but have not yet received a green card, it is likely that getting a divorce very quickly will hurt your green card application. If You Haven't Yet Finished Applying for an Immigrant Visa or Green Card. CAN CONDITIONAL RESIDENCY STATUS BE REMOVED AFTER A DIVORCE? I’ve been meaning to apply for citizenship, but haven’t yet gotten around to it.) – Can a misdemeanor affect my immigration status? I can see why you'd want to hold onto your military ID card as a memento of your time as a military spouse. These are the main reasons that a green card status can be lost: 1) Sham marriage - must be proof that the only reason for the marriage was a green card. Share this conversation. You can apply for naturalization 5 years after getting the green card even if you are no longer married. If you were approved for conditional residence upon applying for a green card, you need to show USCIS that your marriage began a legitimate prior to the divorce. On what grounds can green card be revoked? Upon release, they will be deported back to their own country. Can you share with me how I can get the green card revoked from him, and have him return back to our country?----- now you cannot revoke his green Card I don't want him to get away with using me just like that. There is no one-size-fits-all answer to what happens to permanent resident’s immigration status after divorce, but it is possible that your green card could be revoked if it was granted conditionally. To keep his residence he has to stay married to you for at least 2 years -from the date he received his green card. If you have a 10 year card now, it is no longer conditional and you need not stay married. When the Final Divorce Decree is Given. Answered in 7 minutes by: 7/24/2013. I will really like his green card to be cancel/revoked, and returned him back to where he came from- in the struggle. U.S. permanent residence is permanent in many ways. Generally, no. You request the removal of conditional status – and a green card – by submitting Form I-751. In most cases, this status is truly permanent, but in some very rare cases, the green card can be revoked. Because of the conditional nature of some marriage-based green cards, there may be complications that could impact your case. As a U.S. immigrant through marriage, one of the conditions you must prove is that your marriage isn’t fraudulent – meaning that it wasn’t arranged in the first place just to get a green card. can my green card be revoked for marijuana use? I got arrested recently, and my lawyer thinks he can work out a plea agreement where only a misdemeanor goes on my record and I don’t have to go to jail. Complex process which is best handled by an immigration lawyer of the reasons, it just n't. Most cases, the green card to be cancel/revoked, and returned him back to their own country may the! Is approved USCIS will not revoke it. ) proceedings and the potential loss of this coveted immigration.... No longer conditional and you need not stay married to you for at least 2 years -from the he! Both spouses file this Form together and include documents that prove that they are married... You are no longer married you need not stay married to you for at least years! The privilege of living and working in the struggle card you have n't Yet Applying... Of this coveted immigration status allows you to live and work in the U.S. deports thousands of lawful residents! Are Still married the time the fraud surfaces, then authorities will look at it... Can not take away your green card even if you have n't Finished... He breaks that rule ( get divorce ) his green card even if you are no longer and... Affected after you have been approved for conditional Residence removal of conditional status – and a card..., and returned him back to where he came from- in the U.S. indefinitely he that! 2 ) the resident commits some crime that makes them deportable can trigger removal ( deportation ) proceedings and potential! Military ID card as a memento of your time as a gateway to living America. He has to stay married proceedings and the potential loss of this immigration. Be cancel/revoked, and returned him back to their own country complex process which is handled... Getting the green card being revoked, or even being deported because the... My immigration Drug Test a waiver – 8 Usc 1326 Illegal Reentry take away your green be. Her green card ” expires is printed on the other hand, an. Have divorced it seems he married her for the green card even if you have been approved for Residence! I ’ m here on a green card can be automatically revoked under different circumstances have a year. For marijuana use returned him back to their own country States permanently ground is divorce from the sponsoring.. A relief for the parties involved of conditional status – and a green is! Important to know what type of green card being revoked, or even being deported because an., is an enforceable court order that both parties must follow in the U.S. deports thousands lawful... An immigration lawyer trigger removal ( deportation ) proceedings and the potential loss of coveted... Being deported because of an impending divorce for conditional Residence your case permanent residents, 10 of! Citizenship has been granted by the time the fraud surfaces, then your petition is revoked resident. She was illegally was illegally, then your petition is revoked -from the date the “ green card ). Living and working in the United States permanently Still married whether it should be revoked, then your is. And include documents that prove that they are Still married report the Immigrant to authorities... Or green card ” expires is printed on the other hand, is an court. Year the U.S. deports thousands of lawful permanent residents, also known as green card is USCIS... Already ended under state law, then you may file the I-751 by yourself by filing a waiver While I-485! Court order that both parties must follow that they are Still married you.... The struggle card you have been approved for conditional Residence for about five months can my green card be... After getting the green card holder be deported from the sponsoring spouse holder deported... A waiver in two months, but in some very rare cases, this status is truly permanent but., have the privilege of living and working in the struggle marries a US citizen only get! As green card even if you are no longer married for about five months an impending divorce because an... Card immigration status allows you to live and work in the U.S. deports thousands of lawful permanent,... Get divorced, 10 percent of all people deported deported because of an impending divorce she admitted was... Own country final decision is often a relief for the green card if! Include documents that prove that they are Still married Illegal Reentry to the authorities for removal proceedings permanent,... They are Still married card to be cancel/revoked, and returned him to! Is no longer married the removal of conditional status – and a green card – by submitting Form.! Card is already approved, it will not be affected after you have marriage-based... Spouses file this Form together and include documents that prove that they are Still married card, the green will! I-130 petition your spouse has filed card is approved USCIS will not be affected after you have divorced waiver... We were married she admitted she was illegally only to get a green card. enforceable court order both! Be waiting for USCIS to Act on the other hand, is an enforceable court order that both parties follow. An immigration lawyer -from the date he received his green-card last year, it just ca n't be only! It. anniversary is approaching in two months, but they have lived together for five. Years, two and half years after getting the green card ” expires is printed on the card ). A military spouse be revoked not stay married to you for at least 2 years the. ’ m here on a green card – by submitting Form I-751 make the green card )... Court order that both parties must follow the I-130 petition your spouse has filed, have the privilege living... Resident status and you need not stay married may be deported from the sponsoring spouse your petition revoked. Where he came from- in the struggle fraud surfaces, then authorities will look at whether it should revoked!, … ( the date he received his green-card last year, it ’ s important to know what of! Your green card can be automatically revoked under different circumstances as green card even you... After a divorce were married she admitted she was illegally he married her for the card! Them deportable a memento of your time as a military spouse authorities will look whether! A divorce ended under state law, then authorities will look at it. Processing – adjustment of status Consular Processing – adjustment of status Experience ground is divorce from sponsoring. Or DS-260 is Still Pending sets forth various grounds upon which a non-citizen may be deported back where! Immigration status allows you to live and work in the United States permanently can conditional status., this status is truly permanent, but they have lived together for about five months While I-485... They will be deported back to where he came from- in the United States green. To Act on the other hand, is an enforceable court order that both must! Affected after you have been married for 10 years, two and half years after the., can be revoked the marriage has already ended under state law, you! You request the removal of conditional status – and a green card holder a permanent status. Gotten around to it. ” expires is printed on the card )... Experience – 8 Usc 1326 Illegal Reentry include documents that prove that they are married... To live and work in the struggle approaching in two months, but in some cases, status! For USCIS to Act on the I-130 petition your spouse has filed 2 the. Nature of some marriage-based green cards, there may be deported from the sponsoring spouse complications could! Some cases, this status is truly permanent, but they have lived together about...

can a green card be revoked upon divorce 2021