Can a Divorce or Separation Affect my Conditional Green Card/Conditional Residence?
Yes. If you are in either situation, it can affect your immigration status but there are solutions.
A conditional green card is given to an immigrant spouse after their green card petition has been approved. This conditional green card expires after two years unless both spouses file jointly Form I-751, Petition to Remove Conditions. This form removes the conditions from the immigrant spouse’s conditional green card and allows them to receive their permanent green card, which is valid for 10 years.
If you and your spouse are legally separated and you are a conditional green card resident, make sure your spouse is willing to cooperate. When your conditional green card expires after the two years, your spouse might still want to cooperate and file jointly form I-751, Petition to Remove Conditions and attend the USCIS interview if form I-751 has been approved.
If you and your spouse are legally separated but he/she does not want to cooperate and file Form I-751 jointly, you might want to consider a divorce and file either of the three I-751 Removal of Condition Waiver forms that pertain to your situation.
1. Domestic Violence / Battered or Extreme Cruelty – If you were a victim of domestic violence, you would have to show proof that the marriage ended due to domestic violence.
2. Extreme Hard Ship – You would have to prove to the court that you will suffer extreme hardship if you are deported.
3. Divorce – Preferably the divorce should be finalized if you are completing this waiver as you have to prove the marriage was valid.
How Can We Help?
If you have any questions about your conditional green card or want more information, contact one of our competent and experienced lawyers at Garcia Law. We have experienced attorneys who practice in Immigration and Family Law. To schedule a consultation, contact us through our website or call (201) 340-2899.