Legal Question in Immigration Law in California

Green card cancellation

I am married to a US citizen for 6 years now, I found out that he's into online dating, and I was hurt. I didn't go home for 8 months now, I've heard that he will cancel my Greencard, can he do that? he would also file a divorce, what should I do now?


Asked on 1/23/08, 5:19 pm

1 Answer from Attorneys

Janet Greathouse Greathouse Law Firm

Re: Green card cancellation

Generally speaking, under the immigration law, if an individual obtains a green card based on a marriage to a US citizen, he or she will receive "conditional lawful permanent residence." This means that before the end of the second year of having a green card approved, the individual would need to submit a petition with the USCIS requesting that the conditions be removed.

Since you have been married for 6 years, and if you did have conditional lawful permanent residence and had the conditions removed, the dissolution of your marriage should not affect your status unless the USCIS determines that there is evidence that the marriage was fraudulent.

Please note, I do not know the details of your situation and thus cannot provide you an opinion on what is best for you. However, your situation sounds complicated, and it would probably be best for you to seek advice from an immigration attorney.

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Answered on 1/25/08, 2:13 am


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