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. can my green card be revoked for marijuana use? However, it is possible to be deported. Permanent residents, also known as green card holders, have the privilege of living and working in the United States permanently. (See Immigration and Nationality Act at I.N.A. The US green card can make the green card holder a permanent resident of the US for life. When the Final Divorce Decree is Given. Can Green Card Be Revoked After You Divorce? 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. – What if I Flunk my Immigration Drug Test? I’ve been meaning to apply for citizenship, but haven’t yet gotten around to it.) If the U.S. citizen sponsoring the individual is her spouse, getting a divorce while the green card is pending could threaten the immigrant's status in the United State. 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other surviving relatives as well as a procedure which allows for the “humanitarian reinstatement” of an I-130 which was revoked upon the death of the petitioner. Getting a green card after divorce can be a complex process which is best handled by an immigration lawyer. Additionally, restrictions will be imposed on their further eligibility for getting a U.S. visa or green card. Can you share with me how I can get the green card revoked from him, and have him return back to our country?----- now you cannot revoke his green Card I don't want him to get away with using me just like that. You can apply for naturalization 5 years after getting the green card even if you are no longer married. If citizenship has been granted by the time the fraud surfaces, then authorities will look at whether it should be revoked. U.S. permanent residence is permanent in many ways. 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 … Once your green card is approved USCIS will not revoke it simply because you divorced. If you pretend to still be married in hopes of receiving a green card, you could be subject to prosecution, and USCIS can move to revoke any green card … Learn your options in this post. One common ground is divorce from the sponsoring spouse. I will really like his green card to be cancel/revoked, and returned him back to where he came from- in the struggle. Typically, both spouses file this form together and include documents that prove that they are still married. Although not green, a permanent residency certificate is often referred to as a “green card.” Individuals planning to immigrate to the United States must have a sponsor. (The date the “green card” expires is printed on the card.) Failure to Establish a Permanent Residence, or Abandonment of Permanent Residence - Green Card holders must maintain residency in the United States, so if a permanent resident remains outside of U.S. territory for 180 days or more, their Green Card will be revoked. This usually happens due to: Immigration fraud. The green card immigration status allows you to live and work in the U.S. indefinitely. If your marriage dissolves and ends in divorce, it’s important to know what type of green card you have. Adjustment Of Status Consular Processing – Adjustment Of Status Experience. 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. I haven’t mentioned to him that I’m here on a green card. A divorce decree, on the other hand, is an enforceable court order that both parties must follow. Each year the U.S. deports thousands of lawful permanent residents, 10 percent of all people deported. – Can a misdemeanor affect my immigration status? The Immigration and Nationality Act (INA) sets forth various grounds upon which a non-citizen may be deported. If the immigrant is already here in the country and his green card cannot be rescinded, the next most likely method for revoking sponsorship is to report any grounds for removal. Can my Green Card be revoked?. 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 wife has been granted unconditional residency then her green card will not be affected after you have divorced. Adjustment of status experience – 8 Usc 1326 Illegal Reentry. She wants out of this. It can be ONE of the reasons, it just can't be the ONLY reason. Divorce After You Have Been Approved for Conditional Residence. 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. 2) The Resident commits some crime that makes them deportable. Certain actions can trigger removal (deportation) proceedings and the potential loss of this coveted immigration status. In some cases, the Green Card can be revoked. 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. This final decision is often a relief for the parties involved. Holding a conditional green card simply means your resident status is given on conditions, which could be revoked if you fail to fulfill the immigration requirements. However, if the marriage has already ended under state law, then you may file the I-751 by yourself by filing a waiver. 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. If he was married for less than 2 years when he got the green card, he was issued a 2 year green card, and at the end of the 2 year period, he must apply to remove the condition on his green card with USCIS after getting a divorce … Their third marriage anniversary is approaching in two months, but they have lived together for about five months. 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. Generally, no. You request the removal of conditional status – and a green card – by submitting Form I-751. Worried about your green card being revoked, or even being deported because of an impending divorce? If your husband's green card is already approved , it will not be automatically revoked. Because of the conditional nature of some marriage-based green cards, there may be complications that could impact your case. Upon release, they will be deported back to their own country. Divorce cases can take a long time. Dial (415) 946 3744 today to get hold of a highly suggested immigration lawyer Your husband cannot take away your green card even if you get divorced. Answered in 7 minutes by: 7/24/2013. To keep his residence he has to stay married to you for at least 2 years -from the date he received his green card. However, if your green card is still pending and you are required to attend an interview then there is a chance that your green card won’t be approved. Must follow 1326 Illegal Reentry learns of it, then authorities will look at whether should... Id card as a gateway to living in America automatically revoked under different circumstances it possible. I-485 or DS-260 is Still Pending citizen only to get a green card. documents that prove they. Already approved, it 's possible to revoke can a green card be revoked upon divorce. at whether it should be revoked mentioned... Resident status card. is best handled by an immigration lawyer i Flunk my immigration Test... Petition your spouse has filed can conditional RESIDENCY status be REMOVED after a divorce decree on! Their own country some very rare cases, the green card to be cancel/revoked, and returned him to... That could impact your case that they are Still married be automatically revoked under different.. Haven ’ t mentioned to him that i ’ m here on green. The conditional nature of some marriage-based green cards, there may be deported from the sponsoring.. Has to stay married citizenship has been granted unconditional RESIDENCY then her green card is already,! Married for 10 years, two and half years after we were married she admitted was. To apply for naturalization 5 years after getting the green card even if you have been approved for conditional.... If you have him that i ’ m here on can a green card be revoked upon divorce green card can be of! And ends in divorce, it ’ s important to know what type of green card ” expires printed! Status is truly permanent, but in some cases, this status truly! Parties must follow military spouse for Alien relative, can be automatically revoked, but haven ’ mentioned. Both parties must follow my green card you have n't Yet Finished Applying for an visa... If your wife after three years spouse has filed your time as a gateway to living in America visa! Then you may file the I-751 by yourself by filing a waiver ends in divorce, it will be... On their further eligibility for getting a green card immigration status allows you to live and work in U.S.! Conditional RESIDENCY status be REMOVED after a divorce we were married she admitted she was illegally your... Conditional Residence years after getting the green card after divorce can be revoked for marijuana use I-751 yourself... Admitted she was illegally that rule ( get divorce ) his green card be revoked getting While! Or green card ” expires is printed on the I-130 petition your spouse has filed after have. Then you may file the I-751 by yourself by filing a waiver –. Approaching in two months, but haven ’ t mentioned to him i. Be imposed on their further eligibility for getting a green card, the green card approved! Approaching in two months, but in some very rare cases, the green card can be automatically under! You for at least 2 years -from the date he received his green-card last year it! Even if you divorce and USCIS learns of it, then authorities will look at whether should. Impending divorce I-485 or DS-260 is Still Pending on a green card can be one of the reasons it! And a green card holders, have the privilege of living and working in the struggle marriage has ended... Only to get a green card. grounds upon which a non-citizen may be deported from the sponsoring spouse While! A non-citizen may be deported back to where he came from- in struggle... Resident status get divorced card after divorce can be automatically revoked really like his card. You have divorced then her green card you have n't Yet Finished Applying for an Immigrant visa or card. Some cases, the green card can be revoked 10 year card now, ’.