3. MARRIAGE FELL APART AFTER CONDITIONAL (2 YEARS) CARD

If you already have your permanent (10 years) Green Card, you probably need not worry.  The separation and divorce may concern you only by increasing your waiting for American Citizenship.

If all you have is a conditional (2 years) Green Card, you may still get your permanent Green Card - but it would require a greater effort.  Instead of you and your U.S. Citizen spouse filing a joint petition to remove the condition (Form I-751), you need to file your own petition asking for a "waiver."  You need to convince the U.S. Citizenship and Immigration Services (CIS) that you entered the marriage in good faith and that it was not your fault that the marriage failed.  In many cases, it can be done.

If your petition for a waiver is denied (or if you never filed one), the CIS would probably send you a Notice To Appear in Immigration Court.  (To read more about Immigration Court - click here).

In Immigration Court you still have several options;

First:  You and your Immigration lawyer may renew your petition for a waiver, trying to convince the Immigration Judge that CIS was not justified to deny it.

Second: If you were not accused of a "fraud marriage", you may remarry another American Citizen and apply for a new Green Card.

Third: Based on your history and on your present circumstance, you and your Immigration lawyer may find some other application (not marriage based) that could be filed for you.

This situation may cause you a big headache, but it is not necessarily the end of your life in the U.S.

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