Many residents of the United States obtained their green card as a result of marriage. Becoming a permanent resident through marriage is a great avenue for residency in the United States; however, a divorce may pose a problem for the status of this green card.

Divorce can Cast Doubt

While divorce is never a happy process, the issue with a divorce in this situation is that the government will wonder whether or not the marriage was "real" in the first place. This impacts how the authorities will handle the case. On one hand, the immigration department understands that real marriages can fall apart and therefore a divorce doesn't immediately end any hope of obtaining a green card. On the other hand, the immigration department is always looking for fraudulent marriages to make an example of people trying to find a loophole into the country.

The I-130 Petition

The timing of a divorce matters for the status of the green card. If the divorce happened after the filing of an I-130 petition for lawful permanent resident and this was the only form filed, this will not help the person seeking residence. This petition is only the start of the immigration process and does not provide any additional rights to the person filing the form. 

Divorce After Approval

If people have filed these forms and they have been approved for permanent residence, there is no reason that one should worry about losing their permanent residence. The department has no reason to look at the application further unless proven otherwise. However, there may be some difficulty obtaining a U.S citienship immediately after a divorce. 

If you are looking for an immigration attorney or green card attorney to discuss options in your case if you are going through a divorce, contact Michael Iakovou and Associates P.C today.