I am a German citizen, married to an American for 5 years. I have been living in Germany for the last 2 years, due to my studies. I am currently in a four year program. Unfortunately, I was not aware of the fact that I was supposed to re-enter the United States at least once a year, in order to maintain my green card. Apparently there is something called a re-entry permit but it not longer applies to my case. My husband is also in Germany. He holds a work permit here which is going to run out soon.

1. Is there any possible way of keeping my greencard?

As you have been outside the United States for more than one year, you will face two problems when you attempt to reenter: (a) there is a good chance that you will be questioned about your intention to abandon your U.S. residence, and (b) your green card will no longer be a suitable entry document.

If the inspecting immigration officer concludes that your residence has been abandoned, you will be put into exclusion proceedings. While documentation requirements can be waived for returning residents, don't expect the INS to do so in this case.

If you had a returning resident permit, this would have been prima facie evidence of your intention to maintain U.S. residence. It would also qualify as a suitable entry document. However, you have already mentioned that you do not have such a permit.

My advice to you is to apply for a returning resident visa at the U.S. consulate before seeking entry. If you are in possession of such a visa, it will satisfy the documentation requirements for entry and will also be prima facie evidence of your intention to maintain U.S. residence. At the U.S. consulate, you will be expected to present evidence of the following:

1. that you were a legal permanent resident of the United States at the time of your departure;

2. that you had the intention of returning at the time of your departure and have not abandoned this intention; and;

3. that you are returning from a temporary visit abroad, or if your stay abroad was protracted (as in your case), this was caused by reasons beyond your control.

These are essentially the same issues which the inspecting INS officer will consider when you make your application for admission at a port of entry. However, being in possession of a returning resident visa issued by a U.S. Consulate will greatly reduce the possibility of problems at the port of entry. You should be aware that visas are valid for a maximum of four months, so be prepared to return to the United States soon after obtaining such a visa, if only for a short period of time.

I strongly recommend that you retain a legal professional to assist you when applying for the visa at the U.S. consulate. There are numerous legal issues which must be addressed and I have not covered all of them herein.

2. Will a future divorce jeopardize my green card?

Although you did not mention it, you probably obtained your status as the spouse of a U.S. citizen. If this was the case, you would have been subject to conditional permanent residence for the first two years after entry. Just before the end of this two-year period, you and your spouse would have had to jointly apply to have the conditions removed.

Since you have been married for 5 years, I suspect that your conditions were removed some time ago. If the conditions were in fact removed, your permanent residence is now unconditional. If you divorce your spouse when your permanent residence is unconditional, you will not lose your green card. I am assuming of course that there is no immigration fraud involved.