Does My Recent Divorce Affect My
Status as a Conditional Green Card Holder?

Help Desk:

I got my conditional Green Card based on my marriage to a U.S. citizen husband. Before I could apply to have the condition removed, my husband and I divorced recently. Does this affect my status as a conditional Green Card holder?

Answer: The immigration rule is that divorce terminates the conditional permanent residence before your permanent permanent residence. But it is also possible for you to obtain a waiver of the Green Card termination. Generally as a conditional permanent resident, a waiver of the termination can be granted to you, if you can show that your marriage was a union in good faith, and that you were not at fault for your ex-husband's failure to file the joint petition to remove the condition. 


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