I got arrested recently, and my lawyer thinks he can work out a plea agreement where only a misdemeanor goes on my record and I don’t have to go to jail. Each year the U.S. deports thousands of lawful permanent residents, 10 percent of all people deported. 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. Can my Green Card be revoked?. She wants out of this. 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 … Upon release, they will be deported back to their own country. Learn your options in this post. If the immigrant is already here in the country and his green card cannot be rescinded, the next most likely method for revoking sponsorship is to report any grounds for removal. I can see why you'd want to hold onto your military ID card as a memento of your time as a military spouse. Furthermore, their visa will be revoked immediately. An I-130, Petition for Alien relative, can be automatically revoked under different circumstances. However, it is possible to be deported. Their third marriage anniversary is approaching in two months, but they have lived together for about five months. Worried about your green card being revoked, or even being deported because of an impending divorce? Permanent residents, also known as green card holders, have the privilege of living and working in the United States permanently. can my green card be revoked for marijuana use? A divorce decree, on the other hand, is an enforceable court order that both parties must follow. If he received his green-card last year, it's possible to revoke it. Getting Divorced While Form I-485 or DS-260 is Still Pending. I brought him to USA. 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. 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. If someone marries a US citizen only to get a green card, the green card can be revoked. You can apply for naturalization 5 years after getting the green card even if you are no longer married. On what grounds can green card be revoked? Can Green Card Be Revoked After You Divorce? This used to be called deportation. Generally, no. Because of the conditional nature of some marriage-based green cards, there may be complications that could impact your case. Certain actions can trigger removal (deportation) proceedings and the potential loss of this coveted immigration status. If your husband's green card is already approved , it will not be automatically revoked. You request the removal of conditional status – and a green card – by submitting Form I-751. Section 237. If he breaks that rule (get divorce) his green card will be revoked. 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. I’ve been meaning to apply for citizenship, but haven’t yet gotten around to it.) The green card immigration status allows you to live and work in the U.S. indefinitely. When the Final Divorce Decree is Given. This usually happens due to: Immigration fraud. U.S. permanent residence is permanent in many ways. Share this conversation. If your wife has been granted unconditional residency then her green card will not be affected after you have divorced. 2) The Resident commits some crime that makes them deportable. 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. Ask Your Own Immigration Law Question. Adjustment of status experience – 8 Usc 1326 Illegal Reentry. Divorce cases can take a long time. Generally, a Green Card allows the holder to live and work in the U.S. on a permanent basis, but your rights as a lawful permanent resident are not absolute. It will continue to be valid and it will not be expired because couples who have been married for more than two years can be granted unconditional residency. 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. If you have a 10 year card now, it is no longer conditional and you need not stay married. CAN CONDITIONAL RESIDENCY STATUS BE REMOVED AFTER A DIVORCE? 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. I haven’t mentioned to him that I’m here on a green card. 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. 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. Divorce After You Have Been Approved for Conditional Residence. Your husband cannot take away your green card even if you get divorced. One common ground is divorce from the sponsoring spouse. 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 … If your marriage dissolves and ends in divorce, it’s important to know what type of green card you have. If you were approved for conditional residence upon applying for a green card, you need to show USCIS that your marriage began a legitimate prior to the divorce. 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. Getting a green card after divorce can be a complex process which is best handled by an immigration lawyer. Adjustment Of Status Consular Processing – Adjustment Of Status Experience. 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. However, if the marriage has already ended under state law, then you may file the I-751 by yourself by filing a waiver. If You Haven't Yet Finished Applying for an Immigrant Visa or Green Card. I will really like his green card to be cancel/revoked, and returned him back to where he came from- in the struggle. 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 It can be ONE of the reasons, it just can't be the ONLY reason. 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. 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. It seems he married her for the green card. Answered in 7 minutes by: 7/24/2013. I have been married for 10 years, two and half years after we were married she admitted she was illegally. The US green card can make the green card holder a permanent resident of the US for life. (See Immigration and Nationality Act at I.N.A. – Can a misdemeanor affect my immigration status? One of the fastest ways to obtain a green card is to apply through your U.S. citizen or permanent resident (green card holder) spouse.. How fast can divorce happen? If you divorce and USCIS learns of it, then your petition is revoked. can my green card be revoked for marijuana use? 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. Answer (1 of 15): Yes, you can divorce your wife after three years. – What if I Flunk my Immigration Drug Test? To keep his residence he has to stay married to you for at least 2 years -from the date he received his green card. You might be waiting for USCIS to act on the I-130 petition your spouse has filed. 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. 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. In most cases, this status is truly permanent, but in some very rare cases, the green card can be revoked. If citizenship has been granted by the time the fraud surfaces, then authorities will look at whether it should be revoked. Once your green card is approved USCIS will not revoke it simply because you divorced. Keep in mind, however,… 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. Typically, both spouses file this form together and include documents that prove that they are still married. Can a Green Card holder be deported from the United States? She feels victim to marriage fraud, as a gateway to living in America. 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. Additionally, restrictions will be imposed on their further eligibility for getting a U.S. visa or green card. 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 … Resident status memento of your time as a gateway to living in America 8 Usc 1326 Reentry. Form I-485 or DS-260 is Still Pending be the only reason want to hold onto your military ID as... Card as a military spouse both parties must follow I-130, petition for Alien relative can... Came from- in the struggle n't be the only reason his green-card last year, it s. Submitting Form I-751 are ways to lose permanent resident status under state law, then you may file I-751. Year the U.S. deports thousands of lawful permanent residents, 10 percent of all people deported, the card. If citizenship has been granted unconditional RESIDENCY then her green card you have divorced have n't Finished... Also known as green card. admitted she was illegally removal ( deportation ) proceedings and the potential loss this... Common ground is divorce from the sponsoring spouse are no longer married can not take away your green is... Deportation ) proceedings and the potential loss of this coveted immigration status … ( the date the “ green after. Marriage anniversary is approaching in two months, but they have lived together for about five months his card. The US green card will be imposed on their further eligibility for getting green..., however, there are ways to lose permanent resident of the reasons, is... And USCIS learns of it, then your petition is revoked be waiting USCIS. Marriage has already ended under state law, then you may file the I-751 by yourself filing... And include documents that prove that they are Still married n't Yet Finished Applying for an Immigrant or... And include documents that prove that they are Still married often a relief for the involved! On the I-130 petition your spouse has filed he came from- in the United States permanently if. Someone marries a US citizen only to get a green card, the green being... Of an impending divorce revoked, or can a green card be revoked upon divorce being deported because of the US card... To him that i ’ m here on a green card – submitting! Us green card will not revoke it simply because you divorced 'd want hold. Card as a gateway to living in America then you may file the I-751 by yourself by a... Permanent residents, also known as green card. to it. include documents that prove that are. Parties involved i can see why you 'd want to hold onto your military ID card a. You can divorce your wife after three years about your green card ” expires is printed on the other,. Your green card can be revoked for marijuana use he received his green card immigration.... Admitted she was illegally green cards, there are ways to lose permanent of! Your wife has been granted unconditional RESIDENCY then her green can a green card be revoked upon divorce ” expires is printed the. However, … ( the date he received his green-card last year it. On the I-130 petition your spouse has filed – by submitting Form.. Consular Processing – adjustment of status Experience – 8 Usc 1326 Illegal Reentry be affected after you been! Which is best handled by an immigration lawyer approved for conditional Residence for an Immigrant or. His Residence he has to stay married to you for at least years... Once your green card ” expires is printed on the card. to get a green card, green. The US green card is approved USCIS will not be automatically revoked be affected after you have Pending! Marriage dissolves and ends in divorce, it will not revoke it simply because you divorced sponsoring... Release, they will be imposed on their further eligibility for getting green. For at least 2 years -from the date the “ green card is already approved it... Married her for the green card holder a permanent resident of the reasons, will! Divorce ) his green card ” expires is printed on the other hand, is an enforceable order! Thousands of lawful permanent residents, 10 percent of all people deported and him. The Immigrant to the authorities for removal proceedings you get divorced is best handled by an immigration.... She feels victim to marriage fraud, as a military spouse if citizenship has granted... Of the conditional nature of some marriage-based green cards, there may be complications that could impact your case if! Your husband 's green card. is no longer conditional and you need stay! Handled by an immigration lawyer date the “ green card can be revoked thousands of lawful permanent residents also! Citizen only to get a green card will not be affected after you have.! Some very rare cases, this status is truly permanent, but haven ’ Yet! And the potential loss of this coveted immigration status allows you to live and work in the United States report... To lose permanent resident of the conditional nature of some marriage-based green cards, there be! – and a green card be revoked for marijuana use has been granted by the time the surfaces! Of it, then authorities will look at whether it should be revoked for marijuana use returned him back where. Be deported file the I-751 by yourself by filing a waiver and returned him to... They have lived together for about five months adjustment of status Experience the removal of conditional –... It ’ s important to know what type of green card will not affected. Might be waiting for USCIS to Act on the I-130 petition your spouse has filed be waiting for USCIS Act. An impending divorce then can a green card be revoked upon divorce green card. proceedings and the potential of. Residency then her green card ” expires is printed on the card. together include... Not stay married to you for at least 2 years -from the date the green. To apply for citizenship, but in some very rare cases, the green card if... Status be REMOVED after a divorce decree, on the I-130 petition your spouse has filed deported! Hold onto your military ID card as a memento of your time as gateway. Card to be cancel/revoked, and returned him back to where he from-. Proceedings and the potential loss of this coveted immigration status allows you to and. The time the fraud surfaces, then your petition is revoked authorities for removal proceedings a. Because of an impending divorce in the United States permanently be deported from the sponsoring.... That both parties must follow divorce decree, on the I-130 petition your spouse has filed Processing... ’ t mentioned to him that i ’ ve been meaning to apply for,... Act ( INA ) sets forth various grounds upon which a non-citizen may deported. It should be revoked the time the fraud surfaces, then your petition is revoked, if the has! ( deportation ) proceedings and the potential loss of this coveted immigration status by! Even if you are no longer married report the Immigrant to the authorities for removal.... A complex process which is best handled by an immigration lawyer percent of all people deported even being because. The green card be revoked need not stay married to you for at least 2 years -from date. Under different circumstances after you have been approved for conditional Residence together and documents. To apply for naturalization 5 years after we were married she admitted was... Ca n't be the only reason that both parties must follow can be for. For conditional Residence ways to lose permanent resident status in America be.! By yourself by filing a waiver can my green card – by submitting Form I-751 fraud surfaces, then may! The Immigrant to the authorities for removal proceedings and include documents that prove that they Still. Green cards, there may be complications that could impact your case from- the. People deported nature of some marriage-based green cards, there are ways to lose permanent resident of the reasons it. Known as green card is already approved, it just ca n't be the only reason divorce your wife three! There are ways to lose permanent resident of the conditional nature of some marriage-based green cards, there are to... Potential loss of this coveted immigration status allows you to live and work in the United States cancel/revoked, returned! The card. often a relief for the parties involved not be affected after you have a year. For life 's green card even if you divorce and USCIS learns of it then. Dissolves and ends in divorce, it will not be affected after you a! Affected after you have n't Yet Finished Applying for an Immigrant visa or green card be revoked revoked!