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What happens to my green card if I get a divorce?

If you are having marital problems, contact the immigration law attorneys at Antonini & Cohen to assess the immigration consequences of divorce and separation in your particular circumstances. We can help you can understand if there is any impact to you, as well as explain any options available under the immigration law. Call us at 404.850.9394.

Sometimes a divorce will have immigration consequences. If you are an immigrant considering divorce, it’s important to understand any impact to your pending green card application, your current green card or eligibility to file for US citizenship.

Here are some common situations where divorce can impact your green card (also called lawful permanent residence)

  1. You have a pending green card application based upon marriage to your spouse

  2. You have a pending green card application based upon your spouse’s employment

  3. You have conditional permanent resident status (sometimes called a 2-year green card or temporary green card) based upon marriage

  4. Your family member is sponsoring your green card in a visa category where marital status is relevant to your visa eligibility and/or backlog

How divorce can impact filing for US citizenship

Divorce can mean you are bumped back to the standard five year wait to file for US citizenship. The wait to file for citizenship is only three years if your spouse is a US citizen and you have lived together in marital union for at least three years after getting your green card and before filing for citizenship. Thus, a divorce or separation typically means you will need to wait five years instead of three to file for US citizenship.

Also, a divorce or separation can come up at your citizenship interview no matter when you file.