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Guru_Guy
Guru_Guy, Lawyer
Category: Immigration Law
Satisfied Customers: 2418
Experience:  Years of experience advising on immigration issues.
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Can a green card holder lose their green card if they divorce

Customer Question

Can a green card holder lose their green card if they divorce and have no family living in the States, even if they are holding a job?
Submitted: 8 years ago.
Category: Immigration Law
Expert:  Guru_Guy replied 8 years ago.

Hello,

If the person received the green card in any way other than through the marriage, the divorce has no affect on the person's status as a permanent resident. If the person got a green card as a result of the marriage, he/she should have been issued a two year conditional card. At the end of two years, this would be converted into an unconditional status card good for ten years. If the person has this second unconditional card, then again the divorce has no impact on his/her status.

If the person is still here on the two year conditional green card, when he/she needs to renew it along with his/her spouse. If no longer married, this presents a problem. In certain cases, the person can still get the permanent unconditional card as long as he/she can show the marriage was valid and that the other spouse was responsible for the divorce. For example, if their is evidence that the immigrant was the victim of spousal abuse, that is a common reason for granting permanent status anyway.

So if this person has the 10 year card, he or she is fine. If he/she is still on the 2 year conditional card, I would strongly advise getting a lawyer to help with the conversion to unconditional status.

I hope this helps!


___________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

Guru_Guy and other Immigration Law Specialists are ready to help you
Customer: replied 8 years ago.

Thank you Guru Guy;

 

Although i find the answer somewhat vague, and it appears that i will still have to do more footwork to resolve my querry; I have accepted in order that you may be compensated. I wish I were currently employed to have been able to offer more, but as my employment is in the automotive business on a third tier manufacturing level, I am not able to offer more then i had posted.

Thank you again for your help.

J.C.

Expert:  Guru_Guy replied 8 years ago.

Thank you for accepting. If you need any clarification or have any questions, feel free to ask a follow up. I am happy to help.

Customer: replied 8 years ago.

Hello again; not sure I am able to fully understand the querry, but what I was looking for was a way to have a person under a green card removed back to their home country.

As I feel that I may have been used to keep a green card valid, since I do not want to feel responsible for a fellow American losing a job, or not being offered a job because a foreigner already occupies that position; which she took after leaving me.

Since she only remained here with me for less then one year after the marriage, this was explained to as something that is apparently quite common.

Again; thank you for your help.

J.C.

Expert:  Guru_Guy replied 8 years ago.

If your spouse was only with you for one year, she at best received a two year conditional green card. At the end of those two years, you would both need to apply jointly for a permanent unconditional card. If you are no longer married, she cannot apply, will lose her status and should be deported. It is possible she could get a waiver based on allegations of spousal abuse or some similar thing. But in most cases, if the marriage breaks up before the two year period ends, the status is not renewed and the immigrant is deported.

I hope this helps!


___________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

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