Section 237. U.S. law contains a long list of grounds upon which non-citizens or immigrants may be deported (removed) back to their country of origin. The Green Card is granted for a period of 10 years, except that the expiration is 2 years for spouses of U.S. citizens and permanent residents that have been married for less than 2 years when the Green Card is granted. On what grounds can green card be revoked? If you are an immigrant who was married to a citizen of the U.S. for less than two years when your green card was approved, you received “conditional” residency status. However, if the marriage has already ended under state law, then you may file the I-751 by yourself by filing a waiver. Ask Your Own Immigration Law Question. Keep in mind, however,… I’ve been meaning to apply for citizenship, but haven’t yet gotten around to it.) If someone marries a US citizen only to get a green card, the green card can be revoked. If an approved I-130 is as far as you have gotten in the green card process, a divorce at this stage will make you ineligible to obtain a green card through marriage. (See Immigration and Nationality Act at I.N.A. How fast can divorce happen? Answered in 7 minutes by: 7/24/2013. The US green card can make the green card holder a permanent resident of the US for life. Typically, both spouses file this form together and include documents that prove that they are still married. I can see why you'd want to hold onto your military ID card as a memento of your time as a military spouse. If your U.S. spouse has started the process for you by filing a petition on Form I-130, and even if that petition has been approved, you yourself have no rights to reside in the U.S., much less to apply for a green card … To keep his residence he has to stay married to you for at least 2 years -from the date he received his green card. Answer (1 of 15): Yes, you can divorce your wife after three years. You might be waiting for USCIS to act on the I-130 petition your spouse has filed. You can be in danger of losing your green card based on several factors and LegalMatch tells you more on how you can avoid losing your lawful permanent resident privileges. If citizenship has been granted by the time the fraud surfaces, then authorities will look at whether it should be revoked. Can a Green Card holder be deported from the United States? One common ground is divorce from the sponsoring spouse. Their third marriage anniversary is approaching in two months, but they have lived together for about five months. – What if I Flunk my Immigration Drug Test? U.S. permanent residence is permanent in many ways. Learn your options in this post. Under US immigration laws, there are certain circumstances that allow for you to obtain a green card even after the death of your green card sponsor. This used to be called deportation. Adjustment of status experience – 8 Usc 1326 Illegal Reentry. Each year the U.S. deports thousands of lawful permanent residents, 10 percent of all people deported. 2) The Resident commits some crime that makes them deportable. Generally, no. Getting Divorced While Form I-485 or DS-260 is Still Pending. There is a law which protects widows and other surviving relatives as well as a procedure which allows for the “humanitarian reinstatement” of an I-130 which was revoked upon the death of the petitioner. These are the main reasons that a green card status can be lost: 1) Sham marriage - must be proof that the only reason for the marriage was a green card. If you are married but have not yet received a green card, it is likely that getting a divorce very quickly will hurt your green card application. It can be ONE of the reasons, it just can't be the ONLY reason. Share this conversation. can my green card be revoked for marijuana use? She feels victim to marriage fraud, as a gateway to living in America. As a U.S. immigrant through marriage, one of the conditions you must prove is that your marriage isn’t fraudulent – meaning that it wasn’t arranged in the first place just to get a green card. The green card immigration status allows you to live and work in the U.S. indefinitely. Once your green card is approved USCIS will not revoke it simply because you divorced. If your marriage dissolves and ends in divorce, it’s important to know what type of green card you have. Permanent residents, also known as green card holders, have the privilege of living and working in the United States permanently. Divorce After You Have Been Approved for Conditional Residence. CAN CONDITIONAL RESIDENCY STATUS BE REMOVED AFTER A DIVORCE? However, there are ways to lose permanent resident status. You can also report the immigrant to the authorities for removal proceedings. Dial (415) 946 3744 today to get hold of a highly suggested immigration lawyer In some cases, the Green Card can be revoked. The Immigration and Nationality Act (INA) sets forth various grounds upon which a non-citizen may be deported. You request the removal of conditional status – and a green card – by submitting Form I-751. It seems he married her for the green card. If you are divorced before your temporary green card expires, the government may refuse to give you a permanent green card or may think that your marriage was fraudulent. You can apply for naturalization 5 years after getting the green card even if you are no longer married. There is no one-size-fits-all answer to what happens to permanent resident’s immigration status after divorce, but it is possible that your green card could be revoked if it was granted conditionally.

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