The Impact of Divorce on Immigration Status

May 29, 2025

What You Need to Know

At Greebel & Greebel, we understand that divorce is never easy—especially when your immigration status is part of the equation. Whether you're living on Long Island with a green card or pursuing legal residency through marriage, the fear of losing both your partner and your legal standing in the U.S. can be overwhelming.


We’ve represented countless individuals navigating both family law and immigration-related concerns in New York. You're not alone, and you have options. Let’s walk through what divorce could mean for your immigration status—and how we can help protect your future.


Divorce and Immigration: Why It Matters

When your immigration status is tied to marriage, the end of that marriage can trigger uncertainty. Whether you're here on a marriage-based green card or awaiting adjustment of status, divorce can impact your eligibility to remain in the United States.


Here’s what’s at stake and what you need to consider.


You Have a Conditional Green Card—Now What?

If you’ve been married for less than two years at the time your green card was granted, you likely received a conditional permanent resident status.

That status is valid for two years and requires you to file Form I-751 (Petition to Remove Conditions) jointly with your spouse to obtain a 10-year green card.


But if the marriage ends before that filing? It can complicate things—but it doesn’t necessarily mean you’ll lose your legal status.

  • You may be eligible to file a waiver and submit the petition on your own
  • You'll need to demonstrate the marriage was entered in good faith, not solely for immigration purposes



We know how emotional and stressful this can be. At Greebel & Greebel, we can help you gather the documentation, evidence, and legal support you need to prove the legitimacy of your marriage—even after divorce.

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Family law attorney on Long Island. Greebel & Greebel, Mineola NY

You Have a 10-Year Green Card—What Changes?

If you already have a 10-year green card (lawful permanent residency), a divorce generally won’t affect your ability to stay in the U.S. However, it could impact your eligibility for naturalization (applying for U.S. citizenship).


For example, if you’re planning to apply for citizenship based on marriage to a U.S. citizen, divorce may delay your eligibility. Instead of applying after 3 years, you might need to wait until you’ve been a permanent resident for 5 years.


Let’s look at your timeline and goals together—we’ll help you understand what to expect and when to take action.


What About VAWA (Violence Against Women Act)?

If you were subjected to abuse or extreme cruelty by your U.S. citizen or green card-holding spouse, you may qualify for protection under the Violence Against Women Act (VAWA). This allows you to file for a green card without your spouse’s involvement.


VAWA isn’t limited to women—it applies to any spouse, regardless of gender, who has experienced abuse. At Greebel & Greebel, we treat these cases with the utmost discretion and care, advocating fiercely to protect your rights and safety.


Real Lives. Real Families. Real Solutions.

We know this isn’t just about immigration or divorce—it’s about your life. Your safety. Your ability to build a future in a place you now call home. Divorce is hard enough without feeling like your legal status is hanging in the balance.


At Greebel & Greebel, we bring over 35 years of family law experience on Long Island, and we understand how immigration law overlaps with divorce in complicated, deeply personal ways.


We’re not just here to offer legal advice. We’re here to listen, to support, and to advocate for you at every step.


How We Can Help

If you're worried about how divorce may affect your immigration status—or you're already facing this situation—we encourage you to reach out. We’ll help you understand your legal rights and options, create a strategy tailored to your unique circumstances, and stand by your side throughout the entire process.


Based in Mineola, right across from the Nassau County courthouses, we proudly serve families throughout Long Island, including Nassau and Suffolk Counties.


Schedule a Confidential Consultation Today

You don’t have to face this alone. If you're considering divorce and concerned about your immigration status, contact Greebel & Greebel today for a private consultation.


📞 Call (516) 248-7008 now or request an appointment at our Mineola office.


We’re ready to help you protect what matters most.

Request An Appointment
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