Divorce is never easy, and for immigrants in the United States, it brings additional uncertainty. Many people wonder what happens to their Green Card when their marriage ends. Will you lose your residency? Can you still become a U.S. citizen?
At Immigration Universe Attorneys, we understand that behind every immigration case there’s a personal story. Our goal is to help you navigate this stage with knowledge, confidence, and compassion. Attorney Ileana Rivera and her team explain how divorce may impact your immigration status and what you can do to protect your future.
What Happens to My Green Card After Divorce?
The effect of divorce depends on the type of Green Card you hold. U.S. immigration law distinguishes between conditional and permanent residency.
If you received your Green Card through marriage and it has been less than two years since you became a resident, you likely hold a conditional Green Card. This means that your residency is valid for two years, and you must remove the conditions by filing Form I-751. If you divorce before removing those conditions, your status can be at risk.
However, if you already have a 10-year Green Card, divorce does not automatically cancel your residency. You continue being a lawful permanent resident as long as you do not violate immigration laws.
Table: Difference Between Conditional and Permanent Green Cards
| Type of Green Card | Duration | Impact of Divorce | Required Action |
| Conditional (Marriage under 2 years) | 2 years | Must file Form I-751 waiver to keep status | Provide evidence that marriage was in good faith |
| Permanent (10 years) | 10 years | Divorce does not affect residency | Maintain good moral character and renew every 10 years |
Divorce During Conditional Residency (First Two Years)
If your Green Card is conditional, you are required to file Form I-751 jointly with your spouse before the two-year period ends. But if you divorce before filing, you can still apply for a waiver of the joint filing requirement.
This waiver allows you to request removal of conditions on your own, but you must prove that your marriage was entered in good faith, not for immigration purposes. Evidence can include:
- Joint leases, mortgages, or utility bills.
- Birth certificates of children born during the marriage.
- Photos, trips, and communication records showing a real relationship.
- Affidavits from friends or relatives who knew you as a couple.
The process can be stressful, especially if your spouse is unwilling to cooperate or has moved away. That’s why legal guidance is essential to avoid mistakes that could jeopardize your status.
Divorce After Obtaining a 10-Year Green Card
If you already have a 10-year Green Card, your divorce does not cancel it. You remain a lawful permanent resident unless you commit a crime or violate immigration laws.
However, divorce can influence your path to citizenship. Normally, spouses of U.S. citizens can apply for naturalization after three years of residency. Once divorced, you must wait five years instead.
Even though your Green Card stays valid, you must ensure that all future immigration applications reflect accurate information about your marital status. Misrepresentation can cause serious problems when applying for naturalization or petitioning relatives.
How Divorce Affects Your Path to U.S. Citizenship
When applying for citizenship, USCIS reviews your marital history and moral character. If you obtained your Green Card through marriage and divorced shortly after, USCIS may scrutinize your application more closely.
It’s important to demonstrate that your marriage was genuine. Provide consistent documentation and avoid contradictions between your Green Card and citizenship applications.
If you’re unsure how your divorce may impact your eligibility for naturalization, consulting an immigration attorney can help you prepare your case properly and avoid delays or denials.
Can a Divorced Spouse Still Apply for Immigration Benefits?
Yes, in certain circumstances a divorced spouse may still qualify for immigration relief. Some common scenarios include:
- VAWA (Violence Against Women Act): If you suffered abuse from your U.S. citizen or resident spouse, you may self-petition under VAWA, even after divorce.
- Parent of a U.S. Citizen: If you have a child who is a U.S. citizen over 21 years old, they can petition for you regardless of your marital history.
- Employment or Humanitarian Relief: You may qualify for another immigration category unrelated to marriage, such as employment-based or humanitarian options.
Each case is unique, and timing is critical. A lawyer can determine which route best protects your rights and keeps your lawful status intact.
Steps to Take If You’re Getting Divorced While Holding a Conditional Green Card
Facing divorce during the conditional residency period can be overwhelming, but taking the right steps helps protect your immigration future.
- Consult an Immigration Attorney Immediately – Early legal advice is crucial. Your attorney can evaluate your eligibility for a waiver and guide you through the documentation process.
- Gather Strong Evidence – Collect proof that your marriage was real and not fraudulent.
- Stay in the U.S. Legally – Continue renewing your status and avoid actions that could lead to removal proceedings.
- File the I-751 Waiver Promptly – Don’t wait until your Green Card expires. Submitting the form early shows good faith and responsibility.
- Keep All USCIS Notices – Retain copies of receipts, interview appointments, and approval letters.
These actions can make a significant difference in whether your case is approved or denied.
When to Contact an Immigration Attorney
If you’re unsure about your immigration status after divorce, the best step is to seek professional help. At Immigration Universe Attorneys, we have extensive experience guiding clients through conditional Green Card waivers, citizenship applications, and other complex immigration matters.
Our firm provides bilingual consultations in English, Spanish, and Portuguese, offering clarity and personalized guidance. We believe that every client deserves to understand their rights and options before making important legal decisions.
You can learn more about the services we offer by visiting our Immigration Services page.
Schedule a Consultation
To discuss your situation confidentially, contact Immigration Universe Attorneys today:
Phone: +1 (407) 818-1244
Email: service@immigration-uni.com
Address: 7901 Kingspointe Blvd, Ste. 8, Orlando, FL 32819
WhatsApp: +1 (407) 720-8983
Our team is ready to protect your rights, guide your next steps, and help you move forward with confidence.
Frequently Asked Questions (FAQs)
- Can I lose my Green Card after divorce?
If you have a conditional Green Card, divorce can affect your status unless you apply for a waiver with strong evidence that your marriage was genuine. If your card is permanent, divorce does not cancel your residency. - How long must I wait to apply for citizenship after divorce?
If your Green Card was obtained through marriage, you must wait five years instead of three to apply for naturalization once divorced. - Do I need a lawyer if I’m divorcing before removing conditions from my Green Card?
Yes, a lawyer can help you prepare a waiver, collect proper documentation, and protect your immigration status from being revoked.
