Do I Lose My Green Card If I Get Divorced After Marriage-Based Residency?

Divorce is hard enough on its own, but for immigrants who received a green card through marriage, it can come with added fear and confusion. One of the most common questions we hear is: “If I get divorced, will I lose my green card?”

The answer depends on your specific situation, especially whether you have a conditional green card (2-year) or a permanent green card (10-year). This article explains the differences and helps you understand your options, rights, and risks if you're going through a separation or divorce.

Conditional Green Card: What Happens If You Divorce Before Removing Conditions?

If you received your green card through marriage and your marriage was less than two years old at the time of approval, you likely received a conditional green card. This card is valid for 2 years, and before it expires, you must file a petition to remove the conditions and get a 10-year green card.

What If You’re No Longer Married?

You can still apply to remove conditions even if you’re separated or divorced—but you must request a waiver instead of filing jointly with your spouse.

To qualify for a waiver, you’ll need to show that:

• Your marriage was entered into in good faith, not just for immigration purposes.

• The relationship ended in divorce or annulment, or you were unable to file jointly for other valid reasons.

• You were not at fault for failing to file together—this can include situations where the marriage became abusive or the other spouse refused to cooperate.

USCIS will carefully review your case. You must provide evidence that your marriage was real, such as shared bills, leases, photos, travel records, or affidavits from friends or family.

These cases can be stressful and document-heavy, so it’s important to seek help from an experienced immigration attorney to give yourself the best chance of success.

10-Year Green Card: What If You Divorce Later?

If you’ve already received your 10-year green card, divorce does not cancel your status. As a lawful permanent resident, you can continue living and working in the U.S.

However, there are still a few things to keep in mind:

1. Citizenship Timeline

If you were married to a U.S. citizen, you may have planned to apply for naturalization after 3 years. But if you’re no longer living with your spouse at the time of filing, you’ll likely have to wait the standard 5 years from the date you became a permanent resident.

2. Fraud Investigations

If immigration officials later suspect that your marriage was fraudulent, they may investigate—even after you’ve received your 10-year card. This is rare, but it can happen, especially if someone reports suspected fraud. If you married in good faith, this should not be a concern, but if you are contacted by USCIS, speak with an attorney right away.

What If You’re Separated but Not Divorced Yet?

Being separated doesn’t automatically affect your immigration status. However, if you’re still on a 2-year conditional green card, separation can make the I-751 process more complicated.

The safest course of action is to speak with a qualified immigration attorney before your card expires. At Tran Flores Law, we help clients navigate difficult transitions like these while protecting their future in the U.S.

Divorce and Abuse: Protections Under the Law

If you are in an abusive marriage, you may be eligible for special protections under U.S. immigration law. Through the Violence Against Women Act (VAWA), certain immigrants can apply for a green card on their own without the help of an abusive spouse. This option is available to all genders.

You may also qualify for a U visa if you were the victim of certain crimes, including domestic violence, and you cooperated with law enforcement.

These humanitarian options require strong documentation, and it’s important to work with an immigration law firm that understands how to handle sensitive and urgent matters.

Protect Your Green Card - Get the Right Legal Help

Divorce doesn’t automatically mean losing your green card, but the outcome depends on your situation, timing, and how your case is handled. Whether you're filing a waiver, planning to apply for citizenship, or facing complications due to separation or abuse, it’s critical to get advice from a trusted immigration attorney.

At Tran Flores Law, we have guided countless clients through divorce-related immigration issues with care, clarity, and results. We’re here to help you understand your rights and take the next step forward with confidence.

Call us today at (512) 894-9984 to schedule a consultation.