Questions and Answers > EB-5 Requirements

How will divorce affect an EB-5 permanent green card?

My husband and I have been married for nine years and are getting a divorce in June. We received our 10 year permanent green cards through EB-5 last year, with my husband as the main applicant. Do I need to inform USCIS about my divorce? Will I be required to give up my green card?

Answers

• Jimena G Cabrera

  Immigration Attorney

  Answered on March 21, 2016

  Your divorce will not impact your status as a lawful permanent resident. You do not need to inform USCIS.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 15, 2016

  Since you received your permanent green card already, you are not required to notify USCIS of your divorce and you are not required to give up your green card. Should you apply for naturalization to become a U.S. citizen in the future, USCIS likely will need to see your divorce certificate as part of your N-400 application process.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 11, 2016

  Your green card should not be affected, but please remember to renew your green card when necessary and otherwise maintain residence in the United States.

• John J Downey

  Immigration Attorney

  Answered on March 9, 2016

  No, your green card status no longer is connected to your marriage. You need not inform USCIS.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on March 9, 2016

  If your have received your EB-5 permanent green card, there is nothing else to do. You neither need to inform USCIS about your divorce nor will you be required to give up your green card. Consult an attorney for further information in case you need it.

• Raymond Lahoud

  Immigration Attorney

  Answered on March 9, 2016

  First, so sorry to hear about the divorce. Nonetheless, it appears that you have secured the 10 year card, which means that the initial conditions have been removed on your initial EB-5 lawful permanent residence. With the information you have noted and assuming you have had the conditions removed on your lawful permanent residence (from the temporary, conditional card to the unconditioned card), a divorce would not impact your status in the United States. You are able to apply for naturalization five years from the date you were first granted lawful permanent residence.

• Jinhee Wilde

  Immigration Attorney

  Answered on March 9, 2016

  Since you already have the 10 year permanent residency card, you are no longer bound by the EB-5 process, and getting divorced from your husband, who is the main investor, does not negatively affect you at all. No need to notify USCIS of your divorce.

• Stephen Bander

  Immigration Attorney

  Answered on March 9, 2016

  When USCIS approved the I-829 last year, your U.S. permanent residence became unconditional. (The 10 year validity of the card is not a 10 year validity of permanent residence, but the validity of the card itself. You do not lose U.S. permanent residence on the basis of the card's expiration. You only need to renew the card, but not U.S. permanent residence). You do not have to report the divorce to USCIS and the divorce cannot result in you losing U.S. lawful permanent residence. If you apply for U.S. naturalization in the future, USCIS will request information about your marital status. Nevertheless, the divorce will be irrelevant to you becoming a U.S. citizen.

• Lynne Feldman

  Immigration Attorney

  Answered on March 9, 2016

  Your green card is yours and no longer tied to anything your husband does or being married to him.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 9, 2016

  Not a relevant issue your green card should not be impacted by divorce.

• Olivia Orza

  Immigration Attorney

  Answered on March 9, 2016

  You do NOT need to inform USCIS of your divorce, but you may have to provide the divorce decree when you file for citizenship. You will not lose your green card if you get a divorce.

• Olga Karasik

  Immigration Attorney

  Answered on March 9, 2016

  You will not need to inform USCIS of your divorce. Your green card will not be affected by divorce.

• Ian E Scott

  Immigration Attorney

  Answered on March 9, 2016

  As long as your marriage was in good faith, there is not anything to inform USCIS about other than your change in address when that occurs.