As an immigrant with a pending green card application, you may understand that filing for divorce against your spouse may make your life exceedingly more difficult in Lancaster County and the surrounding areas. Nonetheless, you may need to listen to your heart and assure yourself that this decision is ultimately in your best interest. Nonetheless, out of spite, your spouse may respond by withdrawing Form I-130, Petition for Alien Relative, from the United States Citizenship and Immigration Services’ (USCIS) consideration. In most instances, if your spouse withdraws Form I-130 before approval, your green card application will be denied unless you have an underlying immigration pathway, like employment. If this happens, please read on to discover the potential fate of your application and how one of the seasoned Lancaster County green card lawyers at Lupton Law LLC can help you maintain your lawful presence in the United States in any conceivable way.

What Happens to My Pending Green Card Application Once I Get a Divorce in Lancaster County?

Simply put, if your sponsoring United States citizen or lawful permanent resident spouse cancels their petition, your eligibility for a marriage-based green card may terminate soon after. They may execute this by sending a formal, signed letter to the USCIS office handling the case, which discloses your case number, legal name, and a clear statement of their withdrawal. Here, they may not even need to provide a reason for their action, meaning no evidence of your ongoing divorce proceedings is necessary.

As a consequence of their withdrawal, you may be placed at risk of losing your lawful status in the country, depending on your current visa. In other words, you may begin accruing an unlawful presence. If this went on for anywhere between 180 days and one year, you may receive a three-year ban from re-entry, or 10 years if this went on for longer than a year. These bars may trigger after you leave the U.S. and attempt to apply for an alternative immigration option (i.e., another family-based visa, an employment-based visa, etc.) at a U.S. consulate office.

Key Risks After Divorce During a Pending Green Card Case

  • Immediate risk of denial if Form I-130 is withdrawn
  • Accrual of unlawful presence if no valid underlying status (like a work visa) exists
  • Loss of eligibility for marriage-based adjustment of status
  • Potential 3- or 10-year bar on reentry into the U.S., depending on unlawful presence
  • Potential risk of removal proceedings in some cases

How a Spouse Withdraws Form I-130

  • Submission of a signed withdrawal request to USCIS
  • No reasoning for the withdrawal is required
  • The process will be handled by the USCIS office managing the initial petition
  • Once withdrawn, the petition cannot be reinstated

In Lancaster County and throughout Pennsylvania, those in this situation must act quickly to avoid falling out of status and accruing immigration penalties.

Can I Continue Immigration After a Lancaster County Divorce?

Yes, you may still be able to remain in the United States while your green card is pending, but eligibility will depend on whether or not you qualify for another form of immigration. Even if your marriage-based petition is withdrawn, you may be eligible for alternative pathways to immigration depending on your circumstances. As such, it’s imperative that you act quickly to prevent falling out of status and losing your legal options.

Potential Alternatives to a Marriage-Based Green Card

  • Self-petition under VAWA if abuse or extreme cruelty is present
  • U visa eligibility if you are the victim of certain criminal offenses and cooperated with law enforcement
  • Employment-based visa through an eligible employee sponsorship in Pennsylvania or anywhere in the U.S.
  • Family sponsorship through a qualifying relative
  • Asylum, if applicable
  • Waivers of inadmissibility in limited situations

If I Already Have a Green Card, Will a Divorce Affect My Eligibility for Citizenship?

After your Form I-130 is approved and your green card is issued, it may be too late for your spouse to revoke their sponsorship, even after your Lancaster County divorce. This is because you have already become a permanent resident of the United States. However, being that you are no longer married, you may not qualify for the three-year naturalization rule typically associated with a marriage-based green card.

Before, you may have been eligible to apply for citizenship after only three years of permanent residency. But now, you may have to wait the standard five years.

Even after waiting five years, your past relationship with a U.S. citizen or lawful permanent resident may pose challenges in your citizenship interview. Here, when a USCIS official may revisit your prior green card filings, your spouse’s withdrawal or attempt to withdraw their sponsorship, and your subsequent divorce may raise red flags for them. That is, they may question whether you entered this marriage in good faith or if it was just an attempt to gain easier access to immigration status and benefits. In a worst-case scenario, they may accuse you of marriage fraud.

Citizenship Timeline After Divorce

  • The 3-year naturalization rule is no longer applicable after a divorce
  • The standard 5-year residency agreement will take effect
  • Must still meet continuous residence and physical presence requirements
  • Review of your moral character will become more important
  • Your prior marriage will be heavily scrutinized for legitimacy

Red Flags USCIS Looks for After a Divorce

  • Lack of shared financial or residential history
  • Inconsistent statements in prior filings or documents
  • Sudden withdrawal of sponsorship
  • Timing the divorce relative to the green card process

Contact Our Experienced Lancaster County Immigration Firm

So, if you wish to gain more clarity on the situation you are dealing with, the best way to get it is by contacting one of the competent Lancaster County green card lawyers. Get in touch with our team at Lupton Law LLC today.