Legal Question in Immigration Law in California
If a temp Green Card Holder Divorces, will she be deported?
Hi,
I have a very good friend that has been in the U.S. for about 2 years, and is very unhappy with her marrige. Due primarily to neglect and infedelity, she wants to file for divorce, but fears that she will need to leave the U.S. once she does so.
My understanding on Immigration policy is that if she is not here for at least 3 years, she will not be able to apply for permanent residence Green Card.
Is there any way that she can divorce her spouse and not be forced to return to her home country? What options are open to someone in this situation, if any?
The ideal situation would be for her to leave this marrige and still be able to stay in the U.S.
Any advice would be greatly appreciated.
2 Answers from Attorneys
Re: If a temp Green Card Holder Divorces, will she be deported?
It depends on what her current immigration status is. If she already got her conditional permanent residence, then she can file for a divorce and then file a waiver petition based on good faith marriage. If she can prove that her marriage was originally entered into based on good faith, then she can get the condition of the permanent residence removed and stay in US.
Re: If a temp Green Card Holder Divorces, will she be deported?
Thank you for your email. If your friend has received her conditional permanent residency, she may file for a waiver of the joint application to remove the conditions and if granted will be able to stay in the US permanently. Documentation submitted with the applicaion must demonstrate that the marriage is bona fide, etc.
We routinely handle these types of cases and would be pleased to assist you. Please feel free to contact me directly at 619.233.0900.
Sincerely,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
