My husband and I are going to get a divorce. He has a green card now, what will happen to his status after our divorce ? Does it make a difference that we have children ?
3 Answers from Attorneys
Divorces don't generally affect the immigration status of green cardholders. The green card holder's legal ability to remain in the United States is not based on his or her marriage.
If his current green card is conditional, when he files to remove the condition he will have to show the marriage was valid though it ended in divorce. He will have to file to waive the joint filing to remove conditions explaining that the marriage ended in divorce.
If he has already removed the conditions on his green card then he does not have to be concerned with making this showing.
If he has a resident card his status will not be affected.