Divorce can complicate the process of maintaining your green card’s valid status. An experienced green card lawyer from the Law Office of Eric M. Mark could help you understand the relationship between divorce and green cards in Newark and ensure you take the necessary steps to protect your life in the United States.
The United States allows the spouses of U.S. citizens and lawful permanent residents to obtain a green card, providing them with conditional permanent residence. These green cards are typically valid for two years. Afterward, you can file to remove the conditions of your green card status and establish lawful permanent residence in the United States through a non-conditional 10-year green card.
A divorce that occurs before receiving the conditional green card will almost always prevent issuance of the conditional green card. A divorce that occurs while possessing the conditional green card will require filing to remove the conditions under the divorce waiver category, which can be more difficult than filing jointly with a spouse.
Divorce can also impact a Newark green card holder’s rights related to future naturalization proceedings to become a U.S. citizen under Form N-400. Individuals applying for citizenship based on their marriage to a U.S. citizen can typically do so after three years of lawful permanent residence. Divorce eliminates this shorter path to citizenship and requires waiting for five years of lawful permanent residence to apply for naturalization.
As a Newark attorney could further explain, the nature of your divorce and green card will determine the options available for protecting your legal status in the United States. Divorce does not impact the permanent resident status of someone who has already removed the conditions of residence and holds a 10-year green card.
If you hold a conditional (2-year) permanent residence and are planning to get divorced, plan ahead to protect your immigration status. You will still need to demonstrate the bona fide nature of your marriage and that you would suffer hardships if your permanent residence is terminated. If you need your spouse’s assistance to gather evidence, divorce proceedings may be helpful, whereas post-divorce, there will be no leverage to secure that assistance.
You may also be able to remove the conditions of residence on your green card without jointly filing with your spouse if you have been abused by your spouse. This requires showing you the bona fide nature of your marriage and that you were subjected to extreme cruelty, physical abuse, or termination of your green card would result in extreme hardship.
The timing of a divorce can affect your options for maintaining a green card or applying for U.S. citizenship. An experienced lawyer from the Law Office of Eric M. Mark could help you identify your needs and take the necessary steps to protect your status as a lawful permanent resident. Contact us today to schedule a free consultation and learn more about divorce and green cards in Newark.
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