“I can’t leave this marriage—even though it’s unhealthy or even dangerous—because I’ll lose my legal status. I’m trapped.”
Have you heard someone disclose this concern? Or perhaps this exact thought has occurred to you about your own situation? Going through a divorce can feel overwhelming, likely due to the sense of uncertainty that tends to come with the uncoupling process. Being further unclear on the effect of divorce on your legal status may exacerbate that uncertainty and transform it into fear.
Take three deep breaths and repeat after me: You are not trapped. You are not without options.
Before we talk about those options, let’s run through some concepts. What exactly does “Conditional Permanent Residence” mean in this context? Since the 1980s, the United States has permitted spouses of U.S. Citizens lawful entry into the country on a two-year, conditional basis. You may also hear this status referred to as a “conditional green card.” So, how does one remove the conditions? Upon the expiration of the two-year period, the Conditional Permanent Resident (“CPR”) is required to petition for the removal of this condition.
Given the basis of this particular conditional green card is a bona fide marriage, many people believe they must maintain their marriage through filing the petition for removal of conditions and further, that their spouse must participate in this process. This feeds the misconception that the Citizen Spouse “controls” the CPR’s immigration case, which in turn forces people to stay in unhealthy—or even abusive—marriages because they believe leaving will ruin their chance at gaining immigration benefits. Perhaps that belief comes from friends or the internet. Sometimes it is more sinister than that and is reinforced by the other spouse to maintain control.
Thankfully, U.S. Citizenship and Immigration Services (“USCIS”) recognizes that marriages end for a variety of reasons, including abuse. In the same way people should not enter a marriage to circumvent immigration laws, people should not be forced to stay in unhealthy or abusive marriages for immigration purposes. USCIS provides methods for CPR’s to remove their condition without the participation of their Citizen Spouse. In certain cases, particularly CPRs who have been abused, there exists an entirely different route to citizenship that does not require the participation of the Citizen Spouse whatsoever.
The end of a marriage does not have to mean the end of your life in the United States. Further, no one should be forced to choose between their well-being and legal status. Let’s devise a plan to protect you and your future.
Kourtney Bernard-Rance
