Evanston, IL immigration attorney Alen Takhsh talks about whether you can lose your green card if you get divorced. He emphasizes that divorce can, under certain circumstances, place a green card at risk, though much depends on the type of green card held. There are two primary categories: the 10-year green card and the conditional two-year green card. The distinction is based on the length of the marriage at the time the green card is issued. If the marriage is less than two years old at issuance, the beneficiary receives a conditional green card valid for two years; if the marriage is more than two years old, a standard 10-year green card is granted.

If a divorce occurs after obtaining a 10-year green card, it is generally unlikely that lawful permanent resident status will be lost unless the U.S. government can prove the marriage was fraudulent. By contrast, a divorce during the two-year conditional period requires the beneficiary to independently file Form I-751, Petition to Remove Conditions on Residence. Without the spouse’s participation, the individual must request a waiver by selecting one or more applicable grounds: (1) the marriage was entered into in good faith but ended in divorce; (2) the applicant was subjected to battery or extreme cruelty; or (3) removal would result in extreme hardship.

He points out that applicants may rely on multiple waiver grounds if they apply. However, failure to file the I-751 with sufficient evidence can result not only in the loss of permanent resident status but also in placement into removal proceedings.