Arlington Green Card and Divorce Consequences

A divorce is often a time for sadness, perhaps disappointment, and uncertainty about the future. When one of the spouses is a Lawful Permanent Resident (Green Card holder) or is in the process of applying for a Green Card, the situation can be even more unsettling.

Questions about the person’s immigration status may arise, putting their livelihood at risk. Arlington immigration attorneys may be able to help people in just such a situation and potentially avoid any Arlington green card and divorce consequences. If you are going through a divorce and you have applied for or currently hold a Green Card, contact a dedicated immigration lawyer as soon as possible to begin protecting your future.

Divorce and Green Card Holders

The usual fear for Green Card holders who have gone through a divorce is that, in cases in which the Green Card was applied for on the grounds of being married to a United States citizen, the divorce may cast doubt on the sincerity of that marriage. A marriage that is deemed to be only for the purpose of obtaining lawful immigration status can result in denial of one’s Green Card application.

However, in most cases, a person who has already been approved for Lawful Permanent Resident Status (or Green Card status) will not have their approval revoked simply on the grounds of becoming divorced.

The government agency responsible for Green Cards called the United States Citizen and Immigration Services (USCIS) is aware that some marriages end, so this is not considered grounds for reviewing an already approved Green Card for full LPR status. Contact an attorney to learn more about Arlington green card and divorce consequences.

What About Conditional Residence?

Lawful Permanent Residents, conditional or otherwise, may not have their status revoked due to a divorce. However, those who are Conditional Residents, the status is given to immigrants who apply for a Green Card within two years of getting married to a United States Citizen, will have to demonstrate that their marriage was entered in good faith but ended in divorce in order to receive their 10-year Green Card.

In these cases, a divorce will not necessarily be seen by USCIS as suspicion of a marriage of convenience.  There is no automatic trigger where USCIS will review the immigrant’s status or reject them for the permanent version of the Green Card.  A divorced Conditional Resident will have the opportunity to provide evidence of the validity of the marriage prior to the divorce.

Divorced immigrants who have applied for LPR status through their former spouse should contact an Arlington County lawyer who has experience in Green Card and divorce cases as soon as possible.

Green Card Applicants and Divorce

If the divorced person has only applied for a Green Card and has not yet been approved, their divorce may have more dire consequences. If their case has not proceeded as far as the interview process, a divorce at this stage may mean that the person can no longer pursue a Green Card.

If the applicant has other family members who are Lawful Permanent Residents or United States citizens, they may apply for another Green Card through family sponsorship. However, they will no longer be able to apply as the spouse of a United Citizen if they get divorced, and their current application will be denied. This is one situation in which the services of an immigration attorney may be desperately needed, as they may be able to help immigrants find an optimal way to continue the immigration process and avoid any further Arlington green card and divorce consequences.

Talking to an Arlington County Immigration Attorney

Since having a Green Card is the key to pursuing one’s dreams as a citizen of the United States, these matters must be taken seriously. If you are divorced and fear that your Green Card status may be in jeopardy, an immigration attorney may be able to help you analyze your situation and take the best steps to secure your future in this country and potentially prevent any Arlington green card and divorce consequences from happening. Contact an immigration attorney as soon as possible so that they can begin putting your mind at ease in this turbulent time.

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