Olathe, KS asked in Divorce, Immigration Law and Tax Law for Kansas

Q: Am I legally allowed to give up my green card in the middle of a divorce?

2 Lawyer Answers
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: You need to speak to a lawyer ASAP. You would need to put more details to explain more clearly however, IF you already have your green card and you are getting a divorce there is no law that says you have to "give it up" as you say.

IF you are in the process of getting the green card through your spouse and you get a divorce then the application for the green card is dead. You may have other avenues to get your green card that you can explore with a lawyer.

You should check the directory on JUSTIA for lawyers.

Good luck

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Relinquishing one's Lawful Permanent Residency status in the United States is a very significant legal step and should be only completed after fully understanding all legal ramifications of that action. It would be prudent to consult with a reputable licensed immigration attorney as that action would permanently change one's status in the U.S.

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