Legal Question in Immigration Law in California
I recieved my temporary green card on September 16th 2009 and it is valid until September 2011. However my husband and I are getting divorced but the marriage was entered in good faith. I have two questions:
1) Will my temporary greencard immediately expire as soon as the divorce becomes final?
2) Do I need to file the petition to have the conditions of my green card removed as soon as my divorce becomes final or 90 days prior the experation date of my green card?
2 Answers from Attorneys
Permanent residence of a US citizen spouse remains valid even after divorce. You can file anytime after the divorce is final and before the two years expire. You can also file even before the divorce is final, though it's a little more complicated that way.
The above is not legal advice, it is general information and does not form an attorney client relationship.
For further information, you may contact me at [email protected] or 818 609 1953.
Sincerely,
Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd of Legal Specialization
Your green card will not expire after divorce. You can file after divorce becomes final. In any case, you must file to remove conditions prior to expiration of your conditional green card, otherwise, your status will be terminated and you placed into removal proceedings.
Applying after divorce, you have a higher burden of proof, as you will be asking for a waiver of a joint filing requirement (jointly with your US citizen spouse).
If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.
I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
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