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Local: 502-442-2039 Toll-Free: 888-832-2944

Divorce and green card status

On Behalf of | Mar 26, 2018 | adjustment of status

Going through a divorce is hard enough, but if you live in Kentucky and have a green card you may be worried you would lose it once the marriage is over. The good news is that if your marriage was entered in good faith, and not as a reason to gain residence, you are able to keep your green card. It just takes some extra steps and paperwork.

According to the U.S. Citizenship and Immigration Services, you may have conditional status on your green card if you requested it less than two years into your marriage. You can apply for these conditions to be removed in the event you are going, or have gone, through a divorce. You need to apply to have them removed before your two-year anniversary of becoming a conditional resident or else you may be removed from the United States. The form you file is I-751.  Generally, spouses must apply for the removal together, but in the case of divorce you can apply to waive this requirement.

According to FindLaw, a divorce may also result in a number of additional inquiries during your interview for naturalization but you should not expect a separate investigation by immigration services. If you are in a situation of domestic violence, you are able to self-petition for a green card and may gain extra protection by local, state and federal laws. This type of green card may allow you to work in any type of job including entrepreneurship as well as grant you permanent residency.