Nri - green card status
Yog Raj Wadhwa
(Querist) 26 June 2026
This query is : Resolved
My niece went to USA 4 years after marriage on Green Card based on the green card of husband. She lived there as house wife with husband in joint family for more than a year and then returned to INDIA when husband abandoned her. After returning INDIA she has filed cases for Domestic violence, Maintenance and Divorce which are pending with the court. FIR has been registered for domestic violence case. Before leaving USA she also sent a formal complaint to INDIAN embassy in US. Husband is nether responding nor attending court/police hearing.
On the other side husband has also filed a DIVORCE case in USA which she can not attend / respond.
Now to retain her Green Card she can not be absent from US for more than a year and if the circumstances compel her to extend her stay in INDIA she must inform US authorities.
What precautions and steps she should take to retain her GREEN CRAD.
kavksatyanarayana
(Expert) 26 June 2026
This forum is meant for legal issues. However consult the VISA office.
Dr. J C Vashista
(Expert) 27 June 2026
As stated by you she has filed various complaints / case(s), for which she must have engaged lawyer(s), isn't it ? If so, what is the opinion and advise of her lawyer(s) who is/ are well aware about facts and circumstances of the case(s) ?
T. Kalaiselvan, Advocate
(Expert) 01 July 2026
If they were married for less than 2 years when she received her green card, it is conditional. Normally, both spouses must file together to make it permanent. However, she can file on her own by requesting a "Domestic Violence / Extreme Cruelty Waiver" using Form I-751.
If she has a 10-year Permanent Green Card: She is already a full permanent resident. Her primary hurdle is not her husband, but the calendar—remaining outside the U.S. for more than one year continuously creates a legal presumption that she has abandoned her residency.
Since she is already in India and cannot return to the U.S. before the 1-year deadline, her current green card will no longer be accepted by airlines as a valid travel document.
She must apply for an SB-1 Returning Resident Visa at the nearest U.S. Embassy or Consulate in India (e.g., New Delhi, Mumbai, Chennai).
Her ongoing domestic violence case, the registered FIR, her formal complaint to the Indian Embassy prior to leaving, and court documents showing she is legally tied up in Indian court proceedings are exactly the type of heavy documentary evidence needed to prove her stay was involuntary.
She cannot simply ignore the divorce case her husband filed in the U.S., as a default judgment could strip her of potential financial rights or marital status benefits
She needs a family law attorney in the specific U.S. state where the husband filed. Many attorneys can consult virtually.
If she files the Form I-751 Abuse Waiver, she does not need to wait for the U.S. divorce to finish. However, if she chooses to file under a "Divorce Waiver" instead, the divorce must be 100% final before USCIS can approve it.
She should consult a specialized U.S. Immigration Attorney who has specific experience with VAWA (Violence Against Women Act) and I-751 abuse waivers. Do not rely on general lawyers or Indian local lawyers for U.S. immigration matters.
An immigration attorney can coordinate with her to file her paperwork with USCIS even while she is in India, and help guide her through the SB-1 Returning Resident application at the U.S. Consulate so she can safely board a flight back to the United States when she is ready to return.
