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Will you get deported if you get divorced?

On Behalf of | Aug 6, 2023 | Deportation |

You were given a green card after your marriage to a U.S. citizen. Perhaps you didn’t intend to get married when you came to the United States. Perhaps you simply came to the country on a work visa or a tourism visa, but you met your partner and fell in love. The two of you tied the knot, and you then needed to stay in the country indefinitely, so you got a green card and became a permanent resident.

All of that went smoothly, but the problem is that it has been a few years and you and your partner have been talking about getting a divorce. You’re worried that ending your relationship is going to cause you to get deported. If the government only issued your green card on the basis of your marriage, will it take it away if/when that marriage ends?

Deportation doesn’t ordinarily follow divorce

Overall, you don’t need to be worried about losing your green card just because you’re getting divorced. You can often still keep your green card, and most people in your position do not get deported. Your green card is not contingent on you staying married. Divorce should be an option for anyone.

What being said, your green card is contingent on the fact that your marriage was legitimate. The government is very strict about cracking down on green card marriage fraud, which is when people pretend to be married or in a real relationship just to get a green card and end things after they achieve that aim.

So, getting a divorce can be a bit more problematic if you’re still in the process of getting a green card or if you just recently passed a green card marriage interview. Your situation may appear that the marriage itself was never real and the green card was the actual goal. But, if it has been years since you got married, there is probably very little risk that it will appear that your marriage was fraudulent all along.

Getting a divorce when you have a green card can be a very complex legal situation as you have a lot at stake. Consider seeking legal guidance proactively to better ensure that your interests remain protected as you move forward.