Receiving a green card after getting married allows you to live freely in the United States with your spouse. However, your immigration status may change if you decide to have a divorce or separation.
A divorce or separation affects both you and your now ex-spouse. Depending on the time of the divorce, there may be a few things to consider: What will happen to your legal status, how do you secure your residency in the United States, and what should be your next steps? Since the situation affects how you progress through your divorce, you should be aware of the conditions of your legal residency in the United States.
In order for you to know exactly where your immigration status stands, you need to be sure that you and your spouse agree on whether you are having a divorce or a separation.
For a divorce, a couple decides to completely sever their marital ties, and in the government’s eyes, you’re no longer together.
In a separation, you are still legally married to your spouse, however, you both live separately. In Georgia, the law does not actually provide legal separation. Instead, there is a process called separate maintenance.
The purpose of this separation is to be apart from your spouse as you decide if the best course of action is filing for divorce or working things out in your relationship. You are neither married nor divorced during a separation.
Before receiving your green card or lawful residence, you may have had to prove that you entered your marriage in good faith to ensure your union was sincere and not an effort to obtain residency or citizenship.
When it comes to your divorce, you need to create a statement showing why your marriage ended. This statement is later handed out in your divorce case. It is important to be completely transparent in your statement to prove the justified reasons to end your relationship. This can also verify the legitimacy of your marital union with your spouse.
There is no need to worry about your green card status when filing for divorce in Georgia, as you do not need to prove your relationship and immigration status.
If you are unsure about how to proceed with your divorce or separation, having an exceptional immigration attorney on your side may help you take the proper steps to legally end your marriage.
What are the effects on your green card after a divorce or separation?
Your green card status may change depending if you have a permanent green card or a conditional permanent green card.
There is usually no impact on your immigration status for a permanent green card with a divorce or separation. Nonetheless, you must have a trusted attorney to guide you on the proper information you need to renew your green card by filing a Form I-90 to avoid any legal confusion. It typically takes about a month and a half to process your application.
The good thing about having a permanent or 10-year green card is that you will have no questions regarding your marital status. You would only have to submit a legal record with your updated last name. Ultimately, a divorce will not affect your legal status in Georgia.
On the other hand, with a conditional permanent green card, there may be issues if you get divorced. A conditional permanent green card is placed if your marriage is less than two years. After two years at the time of the adjudication, lawful permanent residency can be granted so you can have a permanent or 10-year green card.
However, if there are marital problems during your two-year conditional residence period, it may affect your immigration status, and it’s best and recommended to consult with an immigration attorney to evaluate your options.
In order to secure a permanent or 10-year green card, you will need an immigration attorney to successfully guide you in filing Form I-751, Removal of Conditions Petition. As an added motivator, divorce is the easiest avenue for a Removal of Conditions Petition as long as you are already divorced at the time of submitting your petition and are honest throughout your application.
In order to continue with your permanent or 10-year green card process, you need to file a waiver request. You will be issued a Request For Evidence (RFE) by the USCIS to show your finalized divorce.
With this RFE, you would need to show how your divorce or separation was finalized. Adding additional information may help your case, but it is best to have an experienced immigration attorney alongside you to make sure you add evidence that supports your divorce or separation.
If you are in a legal separation, removing the conditions of your green card may be difficult. The law needs to find that your marriage is a case of “extreme hardship” in order to continue processing your permanent green card. According to the USCIS, extreme hardships can be considered as family ties, health conditions, and economical issues.
At Castan and Lecca, we are here to defend the community. If you have questions about your green card application or status after filing a divorce, do not hesitate to contact us for exceptional attorneys in the immigration field. You can also call us at 770-800-7000.
51 Lenox Pointe NE
Atlanta, GA 30324
4131 Steve Reynolds Blvd #102
Norcross, GA 30093
Dustin Thompson
Attorney
Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence. Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.
MICHAEL BOESCHEN
Attorney
Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA
CHRISTIAN PECONE
Attorney
ED DENKER
Attorney
ILIANA DOBREV
Attorney
KEN THAXTON
Attorney
ALEXANDER LECCA
Attorney
DANIEL CASTAN
Attorney
Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C. Dan was admitted to the Georgia Bar in November, 1993. He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.
