Dallas Divorce After Green Card Attorney

 

 

Most green card holders are mostly unaffected by a divorce. If you are already a lawful permanent resident with a 10-year green card, renewing a green card after divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card. There are no questions directly related to your marriage status.

 

You may change your name on the green card while you renew or replace it. Many divorcees choose to change their names to their maiden name during the process. If you have a legal document as proof of this name change (e.g. divorce decree), you may change your name on the green card. Simply indicate the name change on Form I-90 and submit a copy of the legal name change document.

 

A divorce or annulment may pose a problem if you obtained your green card through marriage to a U.S. citizen or permanent resident. In these cases, USCIS issues a two-year conditional green card. The two-year period provides USCIS time to evaluate the bona fides of the marriage. Immigration law requires USCIS to take additional steps in green card marriages to ensure that the marriage was entered in good faith. At the end of this probationary period, the couple must file a joint petition (Form I-751, Petition to Remove the Conditions on Residence) along with evidence to prove the bona fides of the marriage.

 

The potential issue here is if a divorce casts doubt on whether the marriage was genuine. A waiver to the joint petition is available. The conditional residence can file Form I-751 after divorce. But USCIS will almost certainly give the case additional scrutiny. They want to make sure that the marriage was entered with good intentions. This is, USCIS needs to confirm that the marriage was not for the purposes of circumventing immigration law and fraudulently obtaining a green card.

 

The conditional resident will need to provide ample evidence that the marriage was the real thing. USCIS recognizes that couples who were once in love and committed to each other can have their relationship fall apart. But the burden of proof is on the conditional resident to prove this fact.

 

A divorce after obtaining your conditional green card shouldn’t stop you from filing your I-751 petition. In fact, you may prepare Form I-751 on Citizen Path with a waiver to the joint filing requirement (due to divorce after green card). However, we always recommend that you speak to an immigration attorney before filing I-751 with a waiver. The stakes are high. Make sure you get the right advice for your specific situation.

Regardless of your individual circumstances, working with an experienced Dallas Divorce After Green Card Attorney is an important choice you can make to help prove your citizenship status. Call 469-649-7880 to speak with a Dallas Divorce After Green Card Attorney today for a Free Divorce After Green Card law consultation.

There are various ways that a marriage can help make you eligible for a green card. A U.S. citizen or permanent resident can petition a spouse for permanent residence (green card). But you may also be the spouse of someone else who was sponsored. This is known as a derivative applicant.

For example, if Edward is sponsored by his employer for a green card, his spouse and children (under age 21) also become covered under the same immigrant petition. The spouse and children may apply for a green card at the same time (or soon after) the primary applicant.

If at any point a divorce occurs before the approval of an application for a green card, the immigration process stops. The divorce dissolves the relationship that made the spouse eligible. This is true even if USCIS already approved the immigrant petition.

For example, using the same example above, Edward’s U.S. employer sponsors him for a green card. His wife Julia is a derivative beneficiary on same I-140 petition. The petition is approved, and both have filed their respective applications for an immigrant visa (green card). However, before the interview, the couple divorces. The divorce dissolves the relationship. Edward may continue with the application because he is the primary beneficiary. Julia is no longer his spouse; she may not continue.

 

Should there be a divorce after green card approval, there is generally no reason for USCIS to review your case for the purposes of your permanent resident status.

However, as previously mentioned, a divorce places additional burdens on a conditional resident with a 2-year year green card. A divorce after a green card is issued, is very significant. In these cases, the conditional resident must file Form I-751 with a waiver to the joint filing requirement and prove to USCIS that he/she entered the marriage in good faith.
Permanent residents with a divorce should also understand how it affects the naturalization process. Even if you are eligible to file the naturalization application based on five years as a permanent resident, you are giving USCIS a reason to take another look at your file.

Regardless of your individual circumstances, working with an experienced Dallas Divorce After Green Card Attorney is an important choice you can make to help prove your citezenship status. Call 469-649-7880 to speak with a Dallas Divorce After Green Card Attorney today for a Free Divorce After Green Card law consultation.