What Happens if You Divorce before Receiving a Green Card?

The marriage-based green card is the most common path toward permanent legal residency, and there is no cap on the number issued. To qualify, however, you must be married to someone with legal eligibility, and your marriage must be bona fide rather than a means of obtaining a green card. If you divorce before your marriage-based green card is officially approved, it halts the process because your basis for immigration no longer applies. Discuss your case with our experienced New Jersey immigration attorney at Warren Law Firm today.

What to Expect

While there are exceptions to the rule and alternate paths toward immigration, the immediate effects of divorcing while your green card is pending include all the following:

  • Your spouse’s sponsorship will be revoked or rendered invalid. This is true whether they are a U.S. citizen or a permanent resident.
  • You will no longer be classified as a qualifying spouse, which means that your adjustment of status will be denied.
  • If you remain in the country without a pending or approved status, it can lead to unlawful presence and to the risk of removal proceedings. In addition, you may face a ban on re-entry in the United States that can span several years.

If you’re facing a divorce while you’re waiting for green card approval, the stakes are high, and you shouldn’t wait to secure trusted legal representation.

The Divorce Timeline in New Jersey

Divorce is a challenging legal matter, and it’s not unusual for cases in New Jersey to drag on. In New Jersey, you are married until your divorce is finalized, which means that, if your divorce and green card cases are concurrent, approval could be a function of timing.

Keep in mind, however, that the U.S. Citizenship and Immigration Services (USCIS) requires proof of authenticity when it comes to your marriage. Further, if your spouse withdraws their sponsorship, which isn’t uncommon, it will put an end to your case.

When Exceptions Are Made

In those instances in which a conditional resident suffers abuse at the hands of their spouse, who is a U.S. citizen or permanent resident, USCIS can make exceptions in the form of waivers. The kind of evidence that can support an abuse-based waiver includes the following:

  • Medical records that corroborate physical abuse
  • Related police reports and orders of protection
  • Affidavits from those who witnessed the abuse
  • The testimony of social workers or the staff of domestic violence shelters who have relevant knowledge

Reach Out to Our Experienced New Jersey Immigration Lawyer for the Help You Need

Kenneth Warren is our focused New Jersey immigration attorney at Warren Law Firm, and he has an imposing track record of success when it comes to effective advocacy on behalf of our clients. We’re here for you, too, so please don’t hesitate to reach out for more information about everything we can do to help by contacting us online or giving our firm a call at 609-345-7717 today.