Can Divorced Immigrants Reenter the U.S. with an Approved Green Card?

It has been nearly two years since an immigrant left the U.S. They moved to the U.S. in 2023 through their spouse’s Diversity Visa (DV) lottery win. They lived in the U.S. for about 1.5 years. After that, they returned to their home country for personal reasons.

Green Card Not Received?

Even though the Green Card was approved, the actual card never arrived. Before leaving the U.S., the immigrant applied for a replacement card. However, the replacement card has not come yet.

After returning home, the couple divorced. They had been married before applying for the Diversity Visa. Their marriage was not just for immigration purposes. Now, some important questions arise.

Can someone return to the U.S. without having the physical Green Card?

This is a common question. After two years, it might be necessary to apply for an SB-1 Returning Resident Visa.

Risk of Trying to Enter the U.S. Without a Visa:

It can be risky to try entering the U.S. at a port of entry without prior communication with the embassy. Some travelers think about using a boarding foil, a special travel document. But this is not always guaranteed.

Important Documents for Reentry:

It is important to have proof of permanent residency. Examples of proof include tax returns, lease agreements, or other evidence of ties to the U.S. These documents can improve the chances of returning.

Consult an Immigration Lawyer:

This situation is complex. Each case is different. It is important to consult with an immigration lawyer before planning travel. Returning to the U.S. may take time and careful planning.