Legal Question in Immigration Law in California
my husband is in the process of renewing his green card, and the paperwork is already in, we are planning to do a legal separation... would that affect the renewal?
3 Answers from Attorneys
If you're NOT talking about removing the condition on his two-year conditional green card, but referring to his permanent green card that expires after 10 years, then the legal separation does not matter. If this is about the conditional green card, then the legal separation could affect his ability to receive the permanent green card.
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
Note: The above response is provided for legal information 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. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.
If you're NOT talking about removing the condition on his two-year conditional green card, but referring to his permanent green card that expires after 10 years, then the legal separation does not matter. If this is about the conditional green card, then the legal separation could affect his ability to receive the permanent green card.
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
Note: The above response is provided for legal information 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. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.
His renewal should not be affected if he is not trying to remove the 2-year conditions from his green card. If he is removing the conditions on his green card, then he will need you to do a joint filing of his application. However, if a divorce is finalized before he files his removal of conditions, then he may be able to file the application on his own. A legal separation may be different from a divorce, so it would be good to verify that paperwork.
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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.
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