Going through a divorce can be stressful enough without worrying about your immigration status. Fortunately, for most green card holders, divorce is not grounds for losing your permanent residency status. However, the timing of your divorce and the type of green card you have can affect the process.
What are the types of green cards?
U.S. Citizenship and Immigration Services (USCIS) issues green cards to individuals as proof of lawful permanent resident status in the United States. There are several ways to apply for a green card:
- Employment: For workers with special skills, education or investors who create jobs in the U.S.
- Humanitarian: For refugees, victims of human trafficking or crimes, victims of abuse and individuals seeking asylum in the U.S.
- Special immigrant: For religious workers, retired officers or employees of an eligible international organization
- Family: For relatives of U.S. citizens or permanent residents which includes spouses, children, parents and siblings
An individual holding a conditional green card can lawfully stay in the U.S. as a permanent resident with specific conditions.
What happens to my green card after a divorce?
If you are a conditional green card holder, you may need to file a waiver to USCIS to remove the conditions and prove that the marriage was genuine. You must file the petition within 90 days before your conditional green card expires. However, if you intend to seek citizenship through naturalization, a divorce may delay the process for your naturalization.
