Can Divorced Green Card Holders Return to U.S.?

It’s been nearly two years since this immigrant last set foot in the U.S. After moving in 2023 through their spouse’s DV lottery win, they spent about 1.5 years there before returning home for personal reasons.

Even though the Green Card was approved, the actual card never made it to their hands. Before leaving, they submitted an application to get a replacement card, but it still didn’t arrive.

Since that time, the couple has divorced. They were married before they applied for the Diversity Visa, and their marriage wasn’t just for immigration purposes.

Now, some important questions come up. Can someone reenter the U.S. without having the physical Green Card? Is it necessary to apply for an SB-1 Returning Resident Visa after two years have gone by?

Attempting to enter the U.S. at a port of entry without prior communication with an embassy can be risky. Some travelers might think about using a boarding foil—a special travel document—but that’s not always a sure thing.

Having solid proof of permanent residency, like past tax returns, lease agreements, or other evidence of ties to the U.S., can really help improve the chances of getting back in.

This situation is quite complicated, and every case is unique. It’s crucial to consult with an immigration lawyer before making any travel plans. The journey back to the U.S. may take some time and careful preparation.