Does a conditional green card holder's status end right after divorce or when the green card expires as noted on the card?

Asked over 1 year ago - Irvine, CA

I get conflicting info regarding this. It does make sense, though, that the if the card is granted based on the condition of being married to US citizen and that marriage ends in divorce within the 2 year period. then, subsequently, the status of that person ends with the finalization of the divorce. I was told by a lawyer a while ago that not many know or realize this, but the USCIS can revoke the status once the divorce is finalized assuming if they find out about it prior the person filing for I-751. So I would like to hear more answers to this in this site because it is truly confusing

Attorney answers (4)

  1. Dhenu Mitesh Savla

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . One can remove conditions on the green card even after a divorce regardless of the reason of the divorce as long as they can prove that they married in good faith. The green card expires at the expiration date, not at the time of divorce. Consult with an attorney if you are confused or have more questions.


    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  2. Jorge Luis Delgado

    Contributor Level 12

    4

    Lawyers agree

    Answered . The resident status has to be revoked by USCIS. This happens if the legal resident fails to apply to remove the conditions on the resident status before the resident card expires. However, it could be a long time before USCIS realizes this and revokes the card. In any event, a conditional resident who divorces his or her American spouse can apply to have the conditions remove immediately after the divorce and does not to wait to be within 90 days of the card's expiration date. You are very misinformed and need to talk to an attorney, not just your info from Avvo. You will be glad you did.

  3. Christy Han Mohan

    Pro

    Contributor Level 7

    1

    Lawyer agrees

    Answered . The conditional green card ends when the card expires. However, USCIS has the right to revoke the green card prior to expiration for various reasons, e.g. if they find out that the marriage was fraudulent.

    I recommend that you consult with an attorney to discuss the specific facts of your case.

    Good luck!
    Christy Han Mohan, A Law Corporation
    Immigration Attorney
    19800 MacArthur Blvd., Suite 1000, Irvine, CA 92612
    Phone: 949.222.5900 | Fax: 888.488.6431
    Email: christy@chmlegal.com
    Website: http://www.chmlegal.com

    This is not legal advice, no guarantees/warranties have been made, and no attorney/client relationship has been... more
  4. Cindy Medina

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Not married at time if applying for removal if conditions and no reason such as domestic violence as cause of divorce then no removal of conditions and no more greencard.

    MEDINA LAW GROUP PC: EXPERIENCED TEXAS IMMIGRATION ATTORNEYS. email: cindy@medinalg.com; Phone: (210) 821-4500;... more

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

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