Can I lose my green card if I get divorced?

Green Card and Divorce: Separating Fact from Fiction

For many immigrants to the United States, obtaining a green card (officially a Permanent Resident Card) is the culmination of years of effort and a cornerstone of their new life. When marriage is the basis for that green card, the fear of losing permanent residency after a divorce is understandable and often significant. However, the good news is that, generally speaking, divorce will not automatically invalidate a green card that was obtained through an employment-based petition, even if that petition was initially derivative through a spouse.

The crucial point lies in how the green card was obtained. If you secured your green card through your own employment, meaning you were the primary beneficiary of an employment-based petition (e.g., EB-1, EB-2, EB-3) based on your own qualifications and job offer, your marital status is irrelevant. Divorce will have no impact on your permanent residency status.

But what about situations where the green card was initially obtained derivatively? This means you received your green card as the spouse or child of someone who was the primary beneficiary of an employment-based petition. Even in this scenario, the rules often protect your status.

The key takeaway is that once you are a lawful permanent resident, your residency is generally independent of your marital status. The fact that you initially obtained your green card as a dependent doesn’t forever tie your residency to that marriage. After you’ve been granted permanent residency, you are subject to the same rules and regulations as any other green card holder, regardless of how you initially obtained the card.

What are those standard conditions? Essentially, to maintain your green card, you need to:

• Maintain your intent to reside permanently in the United States. This means establishing strong ties to the US, such as owning property, having employment, and having family residing here.
• Avoid actions that could lead to deportation. This includes engaging in criminal activity, violating immigration laws, and failing to register with the Selective Service (if applicable).

In other words, you are expected to abide by the laws of the United States and demonstrate your commitment to making the US your permanent home.

However, some important nuances should be considered:

• Conditional Permanent Residency (Based on Marriage): This article specifically addresses green cards obtained through employment-based petitions, even if derivative. It does not cover situations where a green card was obtained through marriage and is subject to conditional residency. Conditional residents must file Form I-751 to remove those conditions within 90 days before their conditional green card expires. The divorce can significantly complicate this process, and legal counsel is strongly advised.

• Fraud: If the marriage was entered into solely for the purpose of obtaining a green card (i.e., a fraudulent marriage), and this is discovered after the green card is issued, it could lead to revocation of your permanent resident status, even after a divorce.

• Consult with an Immigration Attorney: While divorce typically doesn’t affect green cards obtained through employment-based petitions, immigration law can be complex and fact-dependent. Consulting with an experienced immigration attorney is always recommended to get personalized legal advice based on your specific circumstances. They can review your case details and provide guidance tailored to your situation, ensuring you understand your rights and obligations.

In conclusion, if you obtained your green card derivatively through an employment-based petition and have since divorced, you are generally not at risk of losing your permanent residency status solely because of the divorce. As long as you continue to meet the standard requirements for maintaining a green card, your status is secure. However, it’s wise to seek legal advice to understand how immigration laws apply to your unique situation and address any concerns you may have. Don’t let the fear of the unknown overshadow your new chapter.