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If I get Divorced, Will I Lose My Green Card?


This is a common question that we get asked a lot from Green Card holders who received their Green Cards through marring a United States Citizen and are either thinking about divorce, already divorced or currently separated from their US Citizen spouse.


The answer to this question is “maybe” and you should consult an experienced Lowell Immigration Attorney. If you, as the green card holder are still within your 2 Year Conditional residency period and you are divorced, you are allowed to file a petition to remove conditions by yourself, if you are eligible for a waiver of the joint filing requirement.


Divorce Waivers are granted to conditional residents who had lost their marital status due to genuine reasons of a breakdown in the marriage or other reasons such as domestic abuse etc. The foreign national spouse may request a waiver by filing an application along with the required supporting documents as evidence. IMPORTANTLY, the foreign national must prove that the marriage was entered into in good faith and not a marriage of convenience/fraudulent.

Filing an I-751 with a divorce waiver is an extremely serious matter and the foreign national has a heavy burden to prove that the marriage was based on a true relationship. Moreover, the foreign national has to support this claim with numerous amounts of evidence. If the foreign national cannot convince the USCIS that the marriage was real, he/she may find themselves in immigration proceeding for unlawful presence.


Contact a Lowell Divorce Waiver Attorney today for assistance.


This office successfully assisted individual's throughout the United States of America file their I-751 with a divorce waiver and you should contact a Lowell Immigration Lawyer online or call 978-566-1075.

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