Will getting a divorce make it harder to get permanent residence?

Under current U.S. law, a foreign-born spouse of a U.S. citizen is considered an "immediate or alien relative" and has an easier track to receiving a green card. However, because of abuse of the system, certain flags raise concerns of fraud. Foreign born spouses who immigrate to the States based on a marriage that is less than two years old receive conditional permanent residency status. This status lasts two years; in order to obtain full residence status, the conditional resident must file a petition with the Immigration and Naturalization Service within 90 days of the second anniversary of his or her admission as an immigrant.

If you divorce occurs before you receive your permanent residence status, you may be denied permanent residency after which you may face possible removal proceedings. If you feel that your divorce is imminent, consult an attorney who may advise you to withdraw your application sponsored by your spouse and reinstate a petition of immigration based on a legal ground other than your marriage to extend your stay here. It is important to determine your rights in this case, so do talk with an attorney about the effects of divorce on your permanent residence status.