Legal Question in Immigration Law in California

Re: divorce impact on green cards

Hello:

I'm sorry to hear that you and your wife are parting ways.

If she has a permanent green card (issued for 10 years), which she likely does, since you were married more than 2 years prior to her applying for a green card, then your divorce will not negatively affect her in the future, should she file for citizenship.

I'm not sure what the 2nd part of your question is stating. Who has an I-485 pending based upon marriage to a US Citizen? If a divorce occurs before the interview, then there could be an issue in granting a green card to that person, since both people have to appear at the interview.

A spouse, in sponsoring their spouse, has a financial responsibility for them. If divorce occurs AFTER the green card is received, then the spouse may still be responsible for the 2 years of conditional residency (assuming it is conditional).

If a divorce occurs after a green card is issued, the legal resident spouse may file to remove her conditions on her own without the US citizen spouse. At this point, the US citizen may not be financially responsible for resident.

To discuss your options further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: divorce impact on green cards

Dear Inquirer:

You seem to have merged two different questions. Conditional residence is granted to people who have been petitioned directly by a US Citizen spouse. A Derivative beneficiary on an employment petition would be issued a permanent green card, which would not be affected by a divorce.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.