In this week’s article, I will be revisiting a misconception concerning the 2-year conditional green card. Contrary to popular belief, you CAN remove conditions on your green card and extend it for another 10 years, EVEN IF you went through a divorce prior to filing the petition with Immigration. This is an old email question that was sent to me from Khun “Thap” from San Diego, CA:

Q: “Dear Attorney Joseph. I have an immigration problem, and I don’t know what to do. I have a 2-year green card that will be expiring in a few months. I know I must renew this before it expires but the problem is that I recently got a divorce. My ex-wife and I just couldn’t get along anymore. My friends all tell me that I have no option now. That I must give up my green card and move back to Thailand! I don’t want to do this because I have established myself here already. Can you help me? I am so stressed about this. Could I come to see you at the office? Please, any suggestions would help. Thank you.” (Khun “Thap”; San Diego, CA)

A: Yes, I can help you! Many people (even some attorney’s too btw!) think that if you have a 2-year green card, and you get divorced prior to the expiration of this green card, you cannot renew/extend your green card and must leave the United States. This is not true and a misunderstanding of the law.

The 2-Year “Conditional” Green Card Based on Marriage

A “conditional” green card is lawful residency status that is issued with a 2-year expiration. This type of green card is issued if you were married less than two years when your lawful permanent residency status was granted. Prior to the 2-year anniversary of this green card, you are required to petition for removal of this condition. In general, to convert the conditional green card into a 10-year green card, the U.S. citizen/sponsoring spouse and the conditional green card-holding spouse must petition to have the conditions removed within 3 months before the card expires. Failure to do this will result in the expiration of the green card and termination of lawful permanent residency status.

Divorced and No Longer Married – Waiver of the Joint Filing Requirement

Although the petition you submit to immigration to remove conditions on your 2-year green card is consider a “joint” petition (meaning, together with your spouse), there is a way to file without your spouse. It’s called a request to waive the joint filing requirement, and I have successfully done this for many clients who were married in good faith but subsequently divorced. However, each case is different so please contact me so that I can better advise you regarding your case. (To read a letter I received from a client regarding this exact misconception, please visit my website at www.JC4LAW.com)

As I covered on my website at WWW.JC4LAW.COM and on my Facebook page at WWW.FACEBOOK.COM/ThaiAttorney, you can get a divorce or be divorced, even if you received your green card through this marriage and still file to extend your lawful permanent residency. There is no law that restricts a person’s freedom to get divorced. Just as you are, for the most part, free to marry anyone you wish, there is no law against getting a divorce.

As always, if you have any questions still left unanswered or if you have general questions regarding other legal issues, or even if you have comments, please contact me:

Email: JC4LAW@HOTMAIL.COM or call/text me at: (818) 505-4921. In you leave a message, please introduce yourself: What is your name, what legal issues do you need help with and where you heard about me.

If you are in the USA: Text me at (818) 505-4921

If you are in Thailand: My LINE ID is: JC_Esq

If you have any questions that you would like to be answered in future articles, please email me at: JC4LAW@HOTMAIL.COM or visit my website at: WWW.JC4LAW.COM for general information regarding many other topics such as Immigration, Business, Property, and others. I can also be found on FACEBOOK at: https://www.facebook.com/ThaiAttorney Be sure to follow (and "like") me for the most recent updates in the law!

Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran for a full consultation.