Legal Question in Immigration Law in California

If your "greencard" has already been approved, then termination of your marital status to the principal applicant will be irrelevant. However, if your application is still pending for some reason, then termination of the marriage would disqualify you from being eligible to obtain a greencard through his application (as long as he is the biological father of the children, your marital status would not affect their applications).

Whether or not you will have problems with Immigration depends on what your current status is, when you were married. I assume that you were listed on the I-589 Asylum Application and your husband Submitted an I-730 petition to bring you and the children here after his asylum was approved. It sounds like you do not have the Green Card yet (perhaps you are in the 1st year after approval). If you divorce before getting green card through your husband's asylum, you may have to submit a new asylum application for yourself. In regard to your children, that may not apply but there will probably be some problems when they apply for a green card depending on who will have custody. I recommend that you gather all the immigration paper work you have and have a consultation with an immigration attorney. Call 562-984-2008 for a consultation if you want help with your case.

A divorce at this time may or may not be a problem. You need to review your immigration situation carefully with an attorney first before you do so.