Legal Question in Immigration Law in Maryland

what will happen to my green card

I just got a green card not too long ago based on my marriage to my american husband. I have been unhappy with my marriage almost throughout the entire time we are married. None of us is involve with another people. My question is, will my green card be revoked if i decide to divorce my husband ?


Asked on 11/29/07, 9:43 am

1 Answer from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC

Re: what will happen to my green card

Green cards obtained due to marriage to a US citizen are conditional for the first 2 years after issuance. The petition process to remove conditions, thereby making it a "permanent" green card, is designed to demonstrates that the basis for obtaining the green card -- marriage -- continues to hold true.

Of course, marriages end for a variety of reasons, and just because the marriage has ended doesn't automatically mean a green card derived from marriage is revoked. You can apply for a waiver of the requirement to jointly apply to remove conditions on residency. You'll have to prove that the marriage was entered into in good faith and not simply to obtain immigration benefits (which is a serious crime). There are others bases of applying for a waiver (domestic violence, for example), but these may not apply in your case.

One thing to point out is that a waiver for divorce cannot be granted unless there actually has been a divorce -- i.e., a divorce judgment entered. Some divorce actions can take a long time to resolve, especially if there are physical child custody issues or complex property division disputes. This can complicate the waiver process.

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Answered on 11/29/07, 11:08 am


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