Legal Question in Immigration Law in California

Hi,

Sometimes I and my husband don't understand each other. I want to be sure about one thing that may happen. If I get divorced with my husband, will I and my son stay here in America? We have green cards IR - 1 and IR - 2. Can we stay here? Or if I'm divorced I'm losing my status and have to go back to my country?

Thank you for your time,

Alex.


Asked on 12/19/16, 11:48 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you &your; son are Permanent Residents (with a 10 year greencard), then you can remain in the U.S., even if you get divorced. However, if you are a Conditional Resident (with a 2 year greencard), then you are required to file Form I-751 to remove the Condition within the 90 day period before your conditional resident card expires. If you are divorced at that time, you will need to request a waiver of the joint filing requirements & submit an explanation & lots of documentation (if this is the case, I highly recommend that you hire an experienced immigration attorney to assist you with this process). You would then have an interview with USCIS & it would be up to them to determine whether or not you can remain in the U.S.

Good luck!

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Answered on 12/19/16, 12:22 pm


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