Legal Question in Immigration Law in California

I and my husband are on EAD.He has filed GC through employement, mine is dependent on him. We both have the EAD since last 2 years. We have family problems. What will happen to my visa status if we get divorced? Will I loose any valid visa and have to go back? Will I then loose the custody of my 2 year old who is American citizen?


Asked on 10/22/09, 6:10 pm

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

If your status relative to your husband changes and you're divorced, you should notify the government as you would no longer be part of his case. You should try to stay where you are for the time being. If you are divorced, then you'd have to qualify on your own, which might prove more difficult than staying in the relationship.

If you'd like more guidance, feel free to contact me at 818 609 1953 or [email protected]. This email does not create an attorney client relationship by writing. We would need to speak first to be sure we understand each other.

Sincerely,

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Answered on 10/22/09, 6:43 pm

Yes, since you are the derivative beneficiary, your GC status is reliant upon the approval of your husband's GC. If you divorce while the petition is pending, then you would no longer be eligible to obtain the GC. You should notify the attorney who assisted the company file the GC case for you if you do divorce. Unless you are able to find an employer to sponsor you for an H-1B (if you meet the requirements), and then a greencard case; or for instance, find another position with a company as a J-1 intern, or an F-1 student with a school, then if you divorce, you would no longer be in valid status in the U.S. As far as the legal matters in your divorce and custody goes, you will need to speak to a family lawyer about your situation.

I'd be happy to assist you offline if you have more questions about immigration. You may call: 415-387-1364 or email [email protected].

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Answered on 10/22/09, 7:02 pm


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