In this video attorney Jacob Sapochnick answers a frequently asked question: Can you lose your green card if you get divorced during the green card application process?
The answer is that it depends on where you are in the green card process.
As a preliminary matter, when you are married to a U.S. Citizen for less than 2 years, at the time of filing, you receive a conditional green card that is valid for 2-year period. In order to remain in the United States, you must remove the conditions on your green card before your conditional green card expires.
If you have been married for more than 2 years at the time of filing, then you will receive a green card that is valid for 10 years, and you do not need to remove your conditions.
If you divorce after obtaining your conditional green card, you can still remove your conditions to obtain the 10-year green card, despite having divorced. To read more about the removal of conditions process for applicants who have divorced please click here.
If you divorce prior to obtaining your conditional green card or 10-year green card, then you are in a tough position.
If you are an abused spouse of a U.S. Citizen or Legal Permanent Resident, you may qualify to self-petition for your green card under the Violence Against Women Act. Otherwise, your green card application will be canceled as a result of the separation.
If you divorce after obtaining your 10-year green card, you do not need to worry about losing your green card status since you have already received your 10-year green card.
Don’t forget to download our free e-book, the Five Ways to Get a Green Card in the United States here.