Divorce after conditional green card is not an uncommon situation. Many people in the immigrant community mistakenly believe that if you get a divorce when you have a conditional green card that you will automatically lose the green card and be deported. This is not true. A conditional green card is a two-year green card that the spouse of a U.S. citizen or lawful permanent resident receives, if the marriage is less than two years on the date that the application is approved. Although many marriages end before the two-year time frame, many steps can be taken to avoid deportation.
Ninety (90) days before the two-year green card expires, both spouses are to make an application to United States Citizenship and Immigration Services (USCIS) to remove the conditions on the green card, using form I-751, Petition to Remove Conditions on Residence. For some couples, this is not an issue because they are still together and are enjoying married life. They simply complete and sign the application and mail it to USCIS with supporting evidence. Other immigrants may not be so fortunate and may be alone when the time comes to remove the conditions.