A permanent resident card, commonly referred to as a green card, allows immigrants to live and work in the United States permanently. For many hopeful immigrants, obtaining a Green Card is an important goal that promises access to the American dream.

However, life changes that occur during the green card process can complicate applications. Changes in your personal life, such as getting married, having children, switching jobs, or even aging, may impact your eligibility for permanent residence. Knowing how these changes affect green card requirements will help you make informed decisions when going through the complex U.S. immigration system.

Divorce Prior to Filing Green Card Application

Getting divorced before filing a marriage-based green card can impact your eligibility. If you qualify to self-petition as an abused spouse and your marriage legally ended in the two years before filing, you may still apply if:

You file the application within two years of the divorce/marriage termination
You demonstrate the termination connected to the abuse or cruelty you experienced

Unfortunately, there are no exceptions or extensions to this two-year filing deadline after a divorce. Be sure to submit evidence such as divorce papers, protection orders, third-party affidavits, or other proof that links the end of marriage to domestic violence or abuse.

Death of the Green Card Sponsor

If your qualifying relative who sponsored your green card application passes away before you file, eligibility depends on your relationship. Spouses and parents may apply within two years of the U.S. citizen sponsor’s death. However, children cannot qualify this way if their citizen parent dies beforehand.

Fortunately, if USCIS has already approved your petition or if it is pending when your relative passes away, you generally retain eligibility as long as you remain unmarried. So, work promptly with your sponsor to file as soon as possible.

Getting Married or Remarried

Marital status plays a significant role in determining eligibility for visa If an unmarried son or daughter on a family petition gets married after filing but before approval, they lose eligibility. Likewise, self-petitioning spouses cannot remarry until after green card approval.

However, if a spouse beneficiary or self-petitioner remarries after approval, their green card remains valid for ten years. Dependent children also maintain eligibility if the primary applicant remarries.

Birth of a U.S. Citizen Child

Many hopeful green card applicants worry that having a baby in the United States might complicate their application. But in most cases, as long as you maintain lawful nonimmigrant status, neither pregnancy nor giving birth impacts eligibility.

In fact, as a U.S. citizen, your child can even petition for your green card once they turn 21 years old. Disclose births to USCIS and provide copies of birth certificates confirming the parents’ identities.

Switching Employers

Those applying for employment-based green cards need to take special care when changing jobs. Generally, you must keep working for the sponsoring employer while your application is being processed. Switching too early could result in your petition being denied.

However, if your Form I-485 application stays pending for at least 180 days, you may qualify to change employers by requesting to “port” your petition to a new job. There are rules around job similarity and visa category that determine eligibility.

Consult an attorney, but this option gives you flexibility if you receive a new job offer later in the green card process. Be sure to act quickly to preserve eligibility as soon as possible.

Aging Out of Dependent Status

For unmarried children immigrating as dependents on family-based applications, turning 21 years old poses complications. Normally, dependent sons and daughters cannot apply after turning 21.

However, U.S. immigration law protects dependents who “age out” while an application is pending. As long as the dependents remain unmarried, they can keep their child status for visa purposes even if they turn 21 before approval.

There are also provisions to allow filing as a dependent after turning 21 years old if there is sufficient evidence to demonstrate that abuse was a central factor in application delays. With the right evidence, dependent children may still apply late.

Other Life Changes That Could Affect Your Green Card Application

In addition to the major life events discussed above, there are several other personal changes that green card hopefuls need to manage carefully throughout the application process.

Financial Changes

Applicants relying on an Affidavit of Support from a sponsor should make sure they are financially stable. Losing a job, taking on significant debt, large medical bills, or other downward changes in income can make it difficult for sponsors to meet income requirements. Notify USCIS to try to mitigate the impact.

Criminal Charges or Arrests

Any interaction with law enforcement could complicate a pending green card application. Even minor infractions, such as traffic violations, should be disclosed. More serious charges or felonies could trigger visa application denials or deportation risks. Consult an attorney promptly in these cases.

Travel Abroad

International trips while an application is pending require careful planning. You must get Advanced Parole pre-authorization from USCIS before traveling and make certain you do not trigger any re-entry bars or unlawful presence counts. Otherwise, USCIS may consider your application withdrawn and deny your green card.

Loss of Current Visa Status

Most green card applicants must maintain their underlying visa status while awaiting approval. Falling “out of status” by overstaying visas, working without authorization, or violating other requirements can invalidate applications. Exceptions exist, such as visa renewal delays, so act quickly if this happens.

Change of Address

Although not typically an eligibility issue in itself, failing to notify USCIS of any address changes during the application process can result in missed notifications and significant delays. Promptly file AR-11 address change forms with USCIS whenever you move.

Let Pride Immigration Help You Manage Life Changes So Your Green Card Application Stays On Track

Life brings many changes, both joyful and difficult. When going through the green card application process, these changes can impact eligibility in complicated ways depending on your visa category. Fortunately, U.S. immigration law includes protections and exemptions to preserve eligibility in many sympathetic situations.

Pride Immigration’s team understands the challenges hopeful immigrants encounter. We have successfully guided numerous clients through green card applications despite complex life changes. Trust our experienced attorneys to help you achieve your dream of permanent residence. Contact us today at (703) 594-4020 or online to start your green card journey with the proper guidance.

Bio
Latest Posts

Beeraj Patel, Esq.

Partner at KPPB Law

Beeraj Patel's philosophy is simple - make it easy for talented and ambitious individuals to have access to immigration materials so that they can make the choice which is right for them.

Latest posts by Beeraj Patel, Esq. (see all)