Legal Question in Immigration Law in California

Conditional Permanent Residence

Hi. Thank You for reading my email today. I am in America with a green card on a conditional basis. My card is expiring in 3 months and i believe i'll need to file for the removal of the conditional status.My husband is seeking a divorce from me on the the reason that he is no longer in love with me. He has threatened time and agian that if he goes ahead with the divorce, there is nothing i can do because i will be deported. We have tried couple therapy and his family has also mediated but to no avail.

What can i do to remain in America? I have a stable job, i also go to school part-time. His family is trying to help me to remain in America but im not sure how that can be done if he decides to go ahead with the divorce. Please help me.

Im at my wits end and if i get deported, it will be the end of the world for me. I worked so hard to achieve the things that i have now and if that happens, it will be devastating. I hope that my questions will be asnwered as soon as possible. My greatest appreciation and thanks will be to you for helping me. I hope to hear from you again.May Gob bless you.


Asked on 3/30/05, 9:20 pm

3 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Conditional Permanent Residence

Yes...condition can removed even if you get divorded. Basically...you need to show that when you entered into the marriage it was in good faith...not for papers.

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Answered on 3/31/05, 10:50 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Conditional Permanent Residence

Yes...condition can be removed even if you get divorced. Basically...you need to show that when you entered into the marriage it was in good faith...not for papers.

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Answered on 3/31/05, 10:50 am
Baoqin Wang Law Office of Baoqin Wang

Re: Conditional Permanent Residence

Even if you are divorced, you still can file a waiver of joint petition to remove your condition, as long as you can show your marriage was originally entered into based on good faith love.

It seems even if you don't divorce, your husband is not going to sign the paper jointly with you to remove the condition of your green card. You may be better off if you get divorced earlier and then file the waiver petition. You definitely need an immigration attorney's help during this process.

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Answered on 3/31/05, 12:26 pm


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