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Divorce on a Conditional Green Card?

Northridge, CA |

It is now 2013. Several years ago, someone asked if his/her conditional green card would be revoked if he/she got a divorce before the 2 year period was up before he/she could apply to take the conditions off of the green card received after marriage. I am wondering if any laws/rules have changed and what the situation is now. Is it possible to get a divorce before the period is up and still keep the green card and stay in the US or is deportation inevitable? What if the marriage changes and the immigrant party is no longer happy? Must he stay in the marriage despite it not being what he'd expected or is he forced to go home and start over or possibly not have another chance at becoming a legal resident/citizen of the United States? Thank you.

Attorney Answers 4


  1. Nothing has changed from what the rules were 2 years ago. Can still divorce and self petition for the removal of conditions on the I-75, long before the conditional GC is set to expire and invoke one OR MORE of the exceptions that exist to the joint filing requirement, among which "good faith" marriage, psychological cruelty, etc.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. If you entered into a good faith marriage and divorce happens before filing the application to remove the condition, you can still proceed with the process and request a waiver of the joint petition.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.


  3. I agree with my colleagues. Retain counsel if you have not already done so, and do not worry, you will be fine.

    Leonard R. Boyer, Esq. 201-.675-.5577. If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. There are many published immigration regulations, some in official “Memorandum” form, that discuss the I-751 Petitions. The immigration I-751 laws are not contained in one law book. The most recent I-751 memorandums were published in 2009 (you can google the titles) and are entitled:

    I-751 Filed Prior to Termination of Marriage, Donald Neufeld, April 3, 2009;

    and,

    Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions, Donald Neufeld, October 9, 2009

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