Legal Question in Immigration Law in California

citizenship and divorce

i have been married for 5.5 years to an american citizen and have a green card for 5 years. my last interview was 2 years ago. for the last year i have been working in different state(150 miles) from home. i have been traveling back and forth on weekends. 6 months ago i moved out of our house. we are seperated now and planning on filing for divorce. i want to apply for passport based on being green card holder for 5 years.i was wondering if it is better to stay seperated until i get the passport, or divorce? will divorce create obstacles for getting pasport.


Asked on 8/18/06, 11:54 am

2 Answers from Attorneys

Re: citizenship and divorce

It is unclear to me from your question whether you actually obtained legal permanent residence (with no conditions). If you first obtained conditional permanent residency, what was the date? Two years after that date, you were supposed to file an I-751 petition to show that you are still married in good faith to your spouse; if not, you can get a waiver for numerous reasons. If you did obtain your permanent residency without conditions, then assuming that you have no criminal convictions, or other concerns, you should meet with an attorney to investigate applying for citizenship. If it has been a full 5 years since you obtained the LPR status, and you have continuously resided in the US, then you can apply with N400 form to USCIS for your citizenship. For further questions, contact Attorney Jennifer Brill.

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Answered on 8/18/06, 1:42 pm
Larry L. Doan Law Office of Larry L. Doan

Re: citizenship and divorce

You're not a US citizen so you CANNOT get a United States passport. Simple as that. Of course, you can continue to use the passport from your native country to travel.

As for whether you can apply for citizenship now, if you've had a green card for five years as you stated, you can. However: you also stated you had an interview two years ago which is very puzzling. Presumably, you're talking about an interview to examine the I-751 Joint Petition you filed with your spouse. This is an unclear point in your question.

Larry 'Liem' Doan, Esq.

www.GuruImmigration.com

Note: The above response is provided for legal information only and should not be construed as legal advice. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person, or by phone or email. Please visit Attorney Doan's website www.GuruImmigration.com/4.html for details.

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Answered on 8/18/06, 9:02 pm


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