Advice & Help

Immigration Q & A – Will My Past Divorce Impact My Marriage Petition For A Green Card?

Will My Past Divorce Impact My Marriage Petition For A Green Card
Written by Wayne Golding

Can a person who acquired a green card through a marriage petition become a US citizen if they were divorced in less than 2 years?

Permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

The status is conditional, because the person must prove that they did not get married to evade the immigration laws of the United States. To remove these conditions they must file a Petition to Remove Conditions on Residence before the 2 year expiration date of the conditional residence.

Generally, you may apply to remove your conditions on permanent residence if you:
Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;Are a child and, for a valid reason, cannot be included in your parents’ application;Are a widow or widower who entered into your marriage in good faith;Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

A person who attains Permanent Residence through marriage to a United States Citizen is eligible for U.S Citizenship three years after date of the granting of initial green card ( 2 year conditional or 10 year green card). However, if a divorce occurs in less than 2 years after issuance of the initial green card, the person has to wait for 5 years from the date of issuance of the initial green card. Two year conditional card holders would have had to be granted removal of the conditional status before they can actually apply for citizenship within the three year period.

If you need more detailed on this topic please feel free to contact me

Wayne C.Golding Sr. Esq.
The Golding Law group PLC
311 North Rosalind Ave
Orlando, Florida 3201
407 574 8691
[email protected]

About Wayne C.Golding Sr. Esq.
Born in Kingston, Jamaica in June 1964, Wayne spent some of his formative years growing up in parish of St. Mary.  He is proud that he was blessed with the experience of both “Jamaican country and town life”. He is the child of a St. Mary born mother, Minette Brown – Gayle, a Clarendon born father Louis Golding and is married to Lois Johnson who is also a quintessential  daughter of the soil of Jamaica. Lois and Wayne are the parents of two children Tassanee and Wayne, Jr.  He is a family man who is often joined by his parents and in – laws in his travels and related Diaspora activities.  He credits his strong Jamaican upbringing and access to quality education in Jamaica for his successes in life. This moulding has contributed to his attention to details, perseverance in his law practice and his daily life.

About the author

Wayne Golding