Legal Question in Immigration Law in California

i am married and my green card will expire in two months.i want to get a divorce because he has broken the law about many things many times and has also cheated on me.i recieved my greencard because we got married.what should i do or what will hapend since we have been seperated for many months now>


Asked on 10/20/09, 2:09 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you need to check with the local authorities as to for how long the marriage has to sustain in order to retain the green card status. in case you already have got your greencard, to my mind, you may seek divorce.

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Answered on 10/20/09, 2:12 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

You may have the conditions on your status removed, however since you are so close to the expiration of your green card, it's important to act before your status expires.Removal of conditions takes place in the three months prior to the two year expiration of your status jointly with your spouse, or on your own when divorced. The recent guidance from the government relates to those who are separated.

Feel free to contact me directly at 818 609 1953 or [email protected].

Sincerely,

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Answered on 10/20/09, 2:19 am

It sounds like you have a conditional 2 year green card, and you typically would need to remove the conditions on your green card to obtain the permanent green card. Generally speaking, conditions of a temporary green card may be removed by filing a joint petition with the spouse to show that you were in a good faith marriage. Since you are now separated, it is possible to obtain a waiver of the joint filing, but you would still need to act affirmatively in filing the petition to remove the conditions, and it s be donhould be done rather quickly, prior to the expiration of your green card. For more information offline, you may contact 415-387-1364 or email [email protected]

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Answered on 10/20/09, 3:21 am


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