Published: January 18, 2022
Divorce is a physically, emotionally, psychologically, and financially draining process. It is not something anyone hopes to undergo after marriage. However, sometimes it is inevitable, and leaving a supposedly eternal union is the only choice. Nobody is forced to stay in an unhappy relationship, but divorce can cause severe issues to immigrants with marriage-based visas.
Green Card Renewal or Replacement
If you were already a Green Card holder before the divorce happened, the USCIS would not be as strict on you. After acquiring a 10-year Green Card, you may renew or replace a Green Card without receiving questions pointed at your marriage status directly. The US Government respects and recognizes that not all marriages are built to last. Sometimes, even the sweetest of lovers can have the most tragic marriages.
Upon renewal or replacement of Green Card, applicants may even reuse their maiden names. They only need to present the divorce decree or any valid document for that purpose.
Conditional Green Cards
The USCIS attaches a conditional status on marriage-based visas. Applicants will become conditional permanent residents and receive non-renewable Green Cards valid for only two years. To unlock permanent resident status, applicants must comply with all the conditions and file for an Adjustment of Status within the 90-day period before the expiration of their conditional Green Card.
Undergoing a divorce while still having a two-year conditional permanent resident status can be problematic. The purpose of the two-year queue is for the government to determine if the applicants had a genuine marriage. Often, applicants apply for a marriage-based visa to circumvent the law.
In this situation, prepare all evidence proving you contracted the marriage in good faith.
It Is Not the End
Did your recent divorce cause problems with your visa status? We can help you rise amidst this challenging situation. ALG Lawyers has a team of highly qualified and experienced Los Angeles immigration lawyers. We are ready to provide on-point solutions readily available upon your request. Book an appointment today!
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)