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Can divorce affect an immigrant’s green card?

On Behalf of | Jan 23, 2025 | Immigration |

There are many ways for people to secure visas and green cards. Some people enter the country for job opportunities. Others come to the United States for higher education. Many immigrants use family relationships to qualify for visas or green cards.

The spouses and fiances of United States citizens are often eligible for green cards based on marriage. Foreign nationals married to United States citizens can secure green cards. Those engaged to United States citizens can enter the country with a K visa and may then be eligible for a green card after marrying.

If such a marriage ends in divorce, the immigrant spouse may worry that the change in their marital status could affect their immigration status as well. Does divorce automatically result in an immigrant spouse losing their green card?

The duration of the marriage is a key consideration

The longer a marriage lasts, the less reason an immigrant has to worry about a divorce affecting their status. Those who enter the country to get married or after a short-term marriage receive conditional green cards. Their green cards are only valid for two years, which is shorter than the standard 10-year period for most green cards.

The immigrant spouse has to apply to remove the conditional status. That process typically involves validating that they are still the spouse of the United States citizen. Those who have already removed the conditional status from their green cards do not have to worry about divorce affecting their ability to stay in the country. After removing their conditional status, their green card eligibility no longer depends on the marriage.

For immigrants who divorce shortly after entering the country, the situation may be different. If the marriage lasted less than two years, the immigrant could be at risk of losing their green card. However, some people may be eligible for alternate programs. There are visas that protect those who have experienced domestic violence, for example.

Reviewing family circumstances and immigration status can help people determine if a change in their family might affect their ability to remain in the country. Family-based immigration can be complex and confusing. Many immigrants can remain in the United States even after divorcing the spouse who helped them secure a green card.