If You Haven't Yet Finished Applying for an Immigrant Visa or Green Card. If you are divorced before your temporary green card expires, the government may refuse to give you a permanent green card or may think that your marriage was fraudulent. In most cases, this status is truly permanent, but in some very rare cases, the green card can be revoked. Getting a green card after divorce can be a complex process which is best handled by an immigration lawyer. Upon release, they will be deported back to their own country. – What if I Flunk my Immigration Drug Test? It can be ONE of the reasons, it just can't be the ONLY reason. (See Immigration and Nationality Act at I.N.A. The US green card can make the green card holder a permanent resident of the US for life. U.S. permanent residence is permanent in many ways. I have been married for 10 years, two and half years after we were married she admitted she was illegally. One of the fastest ways to obtain a green card is to apply through your U.S. citizen or permanent resident (green card holder) spouse.. 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. Permanent residents, also known as green card holders, have the privilege of living and working in the United States permanently. Furthermore, their visa will be revoked immediately. 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. Keep in mind, however,… 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 … Typically, both spouses file this form together and include documents that prove that they are still married. 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. Getting Divorced While Form I-485 or DS-260 is Still Pending. 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 … I haven’t mentioned to him that I’m here on a green card. Dial (415) 946 3744 today to get hold of a highly suggested immigration lawyer In some cases, the Green Card can be revoked. It seems he married her for the green card. This used to be called deportation. If you divorce and USCIS learns of it, then your petition is revoked. 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. Certain actions can trigger removal (deportation) proceedings and the potential loss of this coveted immigration status. Generally, a Green Card allows the holder to live and work in the U.S. on a permanent basis, but your rights as a lawful permanent resident are not absolute. 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. Section 237. However, if the marriage has already ended under state law, then you may file the I-751 by yourself by filing a waiver. If your marriage dissolves and ends in divorce, it’s important to know what type of green card you have. Answer (1 of 15): Yes, you can divorce your wife after three years. If your husband's green card is already approved , it will not be automatically revoked. Can a Green Card holder be deported from the United States? The Green Card is granted for a period of 10 years, except that the expiration is 2 years for spouses of U.S. citizens and permanent residents that have been married for less than 2 years when the Green Card is granted. CAN CONDITIONAL RESIDENCY STATUS BE REMOVED AFTER A DIVORCE? You can also report the immigrant to the authorities for removal proceedings. She feels victim to marriage fraud, as a gateway to living in America. A divorce decree, on the other hand, is an enforceable court order that both parties must follow. If he received his green-card last year, it's possible to revoke it. If someone marries a US citizen only to get a green card, the green card can be revoked. If your wife has been granted unconditional residency then her green card will not be affected after you have divorced. 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. She wants out of this. Each year the U.S. deports thousands of lawful permanent residents, 10 percent of all people deported. There is a law which protects widows and other surviving relatives as well as a procedure which allows for the “humanitarian reinstatement” of an I-130 which was revoked upon the death of the petitioner. You request the removal of conditional status – and a green card – by submitting Form I-751. Once your green card is approved USCIS will not revoke it simply because you divorced. However, it is possible to be deported. 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. The green card immigration status allows you to live and work in the U.S. indefinitely. 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. I brought him to USA. Their third marriage anniversary is approaching in two months, but they have lived together for about five months. Generally, no. You can be in danger of losing your green card based on several factors and LegalMatch tells you more on how you can avoid losing your lawful permanent resident privileges. If the U.S. citizen sponsoring the individual is her spouse, getting a divorce while the green card is pending could threaten the immigrant's status in the United State. 2) The Resident commits some crime that makes them deportable. Your husband cannot take away your green card even if you get divorced. 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. When the Final Divorce Decree is Given. 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. Under US immigration laws, there are certain circumstances that allow for you to obtain a green card even after the death of your green card sponsor. It will continue to be valid and it will not be expired because couples who have been married for more than two years can be granted unconditional residency. The Immigration and Nationality Act (INA) sets forth various grounds upon which a non-citizen may be deported. An I-130, Petition for Alien relative, can be automatically revoked under different circumstances. Divorce After You Have Been Approved for Conditional Residence. Worried about your green card being revoked, or even being deported because of an impending divorce? Ask Your Own Immigration Law Question. Can Green Card Be Revoked After You Divorce? can my green card be revoked for marijuana use? Holding a conditional green card simply means your resident status is given on conditions, which could be revoked if you fail to fulfill the immigration requirements. 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. Divorce cases can take a long time. However, there are ways to lose permanent resident status. – Can a misdemeanor affect my immigration status? This final decision is often a relief for the parties involved. If he breaks that rule (get divorce) his green card will be revoked. 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. You might be waiting for USCIS to act on the I-130 petition your spouse has filed. If citizenship has been granted by the time the fraud surfaces, then authorities will look at whether it should be revoked. Although not green, a permanent residency certificate is often referred to as a “green card.” Individuals planning to immigrate to the United States must have a sponsor. On what grounds can green card be revoked? 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 … I’ve been meaning to apply for citizenship, but haven’t yet gotten around to it.) You can apply for naturalization 5 years after getting the green card even if you are no longer married. Can my Green Card be revoked?. Answered in 7 minutes by: 7/24/2013. Learn your options in this post. Because of the conditional nature of some marriage-based green cards, there may be complications that could impact your case. If you have a 10 year card now, it is no longer conditional and you need not stay married. Adjustment of status experience – 8 Usc 1326 Illegal Reentry. Adjustment Of Status Consular Processing – Adjustment Of Status Experience. One common ground is divorce from the sponsoring spouse. I can see why you'd want to hold onto your military ID card as a memento of your time as a military spouse. can my green card be revoked for marijuana use? I will really like his green card to be cancel/revoked, and returned him back to where he came from- in the struggle. (The date the “green card” expires is printed on the card.) Share this conversation. How fast can divorce happen? Additionally, restrictions will be imposed on their further eligibility for getting a U.S. visa or green card. To keep his residence he has to stay married to you for at least 2 years -from the date he received his green card. This usually happens due to: Immigration fraud. 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. Upon which a non-citizen may be deported from the United States to hold onto your military card. 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