US citizen married a man with no green card and now divorce

Asked almost 2 years ago - Rockville, MD

Question, US citizen married a guy in USA with no green card on Student VISA and he already got a Green Card from marriage. Now, after 2 years, they want to divorce, can she go after his green card too and get it back or void it? Thanks for your help.

Attorney answers (3)

  1. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . A U.S. citizen does not have the authority to decide whether or not her spouse can remain in the U.S., once that spouse is a lawful resident alien.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Thomas Karl Brown

    Pro

    Contributor Level 2

    Answered . As both an immigration attorney and family law attorney I have to say I've been asked this question many times. I agree with my colleagues above. If the immigrant spouse was granted conditional residency (I.e., the marriage was less than two years old at the time the green card was granted) then they might have difficulty in filing their petition to remove conditions (the I-751 to get the 10 year card) if they're separated.

  3. Adam Michael Solow

    Pro

    Contributor Level 13

    Answered . I agree with my colleague. The US citizen cant take a green card back or void it.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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

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