Loss of Green Card from a Divorce
This past week I had a very interesting question from one of my long time clients. In fact, we had helped her get a Green Card. But at this stage in the game she was divorced from the individual. It was a temporary Green Card, good for two years, and she wanted to know if it was still possible to file the I-751 even though she was divorced and what would be her chances for success. This would be my answer: yes, it is definitely possible to file your I-751 petition to convert the two year conditional Green Card to permanent ten year Green Card even if you’re divorced. In fact, whether you’re still married or divorced, the documentation is identical.
In theory, if you were still married but had very weak documentation, immigration would not approve the I-751 petition. Conversely, if you were divorced and you had very strong evidence that it was a real marriage and you had many documents that were issued jointly, whether it’s insurance, bank accounts, two names on the lease previously, this would be perfect evidence of a bona fide marriage and the fact that you’re divorced would have no bearing whatsoever. The only other piece that I wanted to mention that if you were divorced and you were living together a very short period of time but the divorce occurred because of abuse, if you can demonstrate the abuse through police documentation and court documentation, that is one exception to needing two years of full documentation.
This informational blog post was brought to you by Susan Scheer, an experienced Morristown, New Jersey Adjustment of Status Attorney.