If you and your spouse separate or divorce during the green card process, it can complicate your application. If you are still in the process of adjusting your status or awaiting approval, USCIS may deny the application since your eligibility is based on being married to a U.S. citizen or permanent resident. However, if you have a conditional green card and divorce before removing the conditions, you can still apply to remove conditions by filing Form I-751 with a waiver. You will need to prove that the marriage was genuine and not for immigration purposes, even though it ended. The burden of proof becomes higher in these situations, and you may need substantial evidence to support your case. You should strongly consider working with an immigration attorney in this situation.
FAQs
Can I appeal a marriage-based green card denial?
Yes, you can appeal a marriage-based green card denial, but whether it’s the right option depends on the reasons for the denial. To appeal, you would need to file Form I-290B, Notice of Appeal or Motion, within 30 days of receiving the denial notice. You can either request that USCIS reconsider its decision (a Motion to Reconsider) or that they reopen your case to consider new evidence (a Motion to Reopen).
Alternatively, you can take your appeal to the Administrative Appeals Office (AAO). Keep in mind that appeals can be complex, requiring strong legal arguments and, sometimes, additional evidence to counter the reasons for denial. In some cases, it might be simpler to correct the issues and reapply instead.
What happens if my marriage-based green card is denied?
If your marriage-based green card is denied, it’s important to understand why so you can decide your next steps. Common reasons for denial include missing documents, inconsistencies in your application, insufficient evidence of a genuine marriage, or issues in your immigration history. Once you receive a denial notice, you may have options like filing a Motion to Reopen or Reconsider if you believe there was an error in the decision.
You can also appeal the decision to the Administrative Appeals Office (AAO) or reapply if the issues that led to the denial can be resolved. If you’re in the U.S. and your application is denied, you might also face removal proceedings, so it’s crucial to act quickly. Having an experienced immigration attorney can make a big difference in these cases.
Can I use my Travel Document to go on vacation?
We generally advise against using your travel document (Advance Parole) to leave the U.S. for a vacation. Advance Parole during pending green card applications is primarily intended for emergent circumstances, such as urgent family matters or legitimate business purposes that require your presence abroad. Using it for leisure travel carries certain risks, including the possibility of delays or unexpected issues when re-entering the U.S. Moreover, USCIS or Customs and Border Protection officers may scrutinize your reason for travel, and if they believe the trip was not urgent or essential, it could complicate your green card application. It’s usually best to avoid international travel unless absolutely necessary until you receive your permanent green card to prevent any negative impact on your case.
Will leaving the U.S. affect my pending green card application?
Leaving the U.S. without proper authorization can significantly impact your pending marriage-based green card application. If you have applied for Adjustment of Status (Form I-485) while in the U.S., leaving without obtaining Advance Parole (Form I-131) will cause your green card application to be considered abandoned, meaning USCIS will deny your request to adjust your status. This can result in major delays and additional costs, as you may need to start the process again from scratch. If you do need to travel, it’s essential to apply for Advance Parole before leaving the country to protect your application.
For those going through consular processing abroad, leaving the U.S. is not an issue, but you need to ensure all documents and interviews are completed before re-entering.
What is advance parole, and do I need it to travel?
Advance Parole is a travel document that allows you to leave and re-enter the United States while your marriage-based green card application is pending. If you’ve filed for Adjustment of Status (Form I-485) and want to travel abroad before your green card is approved, you need to obtain Advance Parole by submitting Form I-131. Without this document, leaving the U.S. will lead to your green card application being considered abandoned, which can result in denial.
Once approved, Advance Parole allows you to return to the U.S. and continue the green card process. It’s important to apply for it well before any planned travel, as processing can take several months.