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Divorce Before Conditional Green Card? There Is Still Hope!

Facing divorce is an emotionally draining experience, made even more complex when a conditional Green Card is at stake. You may feel like you’re navigating a labyrinth with no way out. 

However, it’s crucial to remember there is still hope. This article aims to be your guiding light, unraveling the complexities and presenting you with viable options to secure your future in the U.S.

At Abogada Ashley Immigration, we specialize in providing expert legal guidance to help you navigate these intricate immigration matters.

The Conditional Green Card Explained

A conditional Green Card is a provisional form of U.S. permanent residency granted to individuals who have been married for less than two years to a U.S. citizen or lawful permanent resident at the time their green card is issued. 

Consider it a trial period; it’s the government’s way of ensuring the marriage is genuine and not merely a means to bypass immigration laws. The “conditional” status lasts for two years, after which you must take additional steps to convert it into a regular, 10-year Green Card. 

This two-year timeframe allows U.S. Citizenship and Immigration Services (USCIS) to reevaluate your case, confirming the marriage is valid and not a sham arranged for immigration benefits.

The Process of Removing Conditions 

The clock starts ticking the moment you receive your conditional Green Card. To transition to a 10-year Green Card, you must apply for the “removal of conditions” using Form I-751

This crucial step should be taken within the 90 days immediately preceding the expiration of your 2-year Green Card. Failing to do so can result in losing your conditional resident status and initiate deportation proceedings. 

The importance of this process cannot be overstated; it’s not just a bureaucratic hurdle but a vital action to secure your long-term residency in the United States.

Divorce and Its Implications 

Divorce introduces a layer of complexity to an already intricate immigration process. If you’re holding a conditional Green Card, a divorce can seem like a roadblock to your path to permanent residency. 

However, it’s not the end of the road; waivers come into play here. A waiver allows you to apply for removing conditions on your Green Card without the joint filing typically required from both spouses. 

The key is to demonstrate that your marriage was entered into in good faith and not to evade immigration laws. This step could involve presenting evidence like joint financial records, photographs, or even affidavits from friends and family. 

The waiver becomes your lifeline, offering a way to proceed with the immigration process even when your marital circumstances have changed. 

It’s a critical tool that can significantly influence your future in the United States, making it imperative to understand its role and importance.

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Factors to Consider in Case of Divorce 

Navigating a divorce while holding a conditional Green Card is a complex endeavor that requires meticulous attention to detail. 

This section highlights critical considerations that can make or break your case for maintaining your immigration status.

Finalized Divorce vs. Divorce in Progress

  • Finalized Divorce: A completed divorce can simplify the waiver application process, providing a clear end to the marital relationship.
  • Divorce in Progress: If the divorce is not yet finalized, you’ll need to present evidence that it’s underway, which can complicate matters.

Burden of Proof: Proving the Marriage’s Legitimacy

  • Documentary Evidence: Collect joint bank statements, utility bills, and photographs to prove the marriage was genuine.
  • Affidavits and Testimonials: Statements from friends and family can further substantiate the legitimacy of your marriage.
  • Counseling Records: If you’ve sought marriage counseling, these records can serve as additional proof of a bona fide marriage.
An Unhappy Couple Sitting Apart in the Bedroom

Legal Steps to Mitigate Consequences 

When divorce intersects with immigration, the path forward may seem uncertain. This section outlines the essential legal steps to mitigate the adverse effects on your conditional Green Card status.

Filing Form I-751

  • Timing: File within the 90-day window before your conditional Green Card expires.
  • Documentation: Include all required supporting documents to strengthen your case.

Submitting a Waiver of the Joint Filing Requirement

  • Eligibility: Determine if you qualify for a waiver, which allows you to file Form I-751 independently.
  • Evidence: Collect and submit compelling evidence that supports your waiver application.

Demonstrating the Bona Fide Nature of the Marriage

  • Financial Records: Joint bank accounts, property, or investments can serve as proof.
  • Personal Evidence: Photos, birth certificates for any children in common, text messages, and social media interactions can validate the marriage’s authenticity.

Frequently Asked Questions

Can I still get a 10-year Green Card after divorce?

Yes, securing a 10-year Green Card is possible even after divorce. Still, you’ll need to apply for a waiver and provide substantial evidence that your marriage was genuine.

What happens if I don’t apply for the removal of conditions?

Failure to apply for the removal of conditions within the specified timeframe can terminate your conditional resident status and may initiate deportation proceedings.

How can an immigration attorney help?

Experienced immigration attorneys like Abogada Ashley Immigration can guide you through the complex legal landscape, helping you gather the necessary evidence, complete the required forms, and advocate for your case effectively.

A Couple Signing Divorce Papers

Navigating the Path Forward After Divorce

Divorce is a life-altering event, especially when a conditional Green Card is involved. But remember, it’s not the end of the road; there’s still hope

This article has walked you through the essential steps, from understanding conditional status to exploring waivers and the importance of evidence. 

Each decision you make can significantly impact your future in the U.S. That’s why consulting an experienced immigration attorney like Abogada Ashley Immigration can be a game-changer, offering personalized strategies to navigate these complexities effectively.

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