Legal Question in Immigration Law in California

I'm a US-born citizen married since 2007 to a Jordanian citizen. He has his permanent residence card and is legal to work in the US. His adjustment of status will come up in 2011. Our 2 yr anniversary came 2 months after we came to the US from Jordan (05/30/2009). I would like to know how his immigration status is affected in each of the following situations:

1) We live apart temporarily due to jobs...example I live in Riverside Co (California-our home) and he works in Los Angeles or Ventura County;

2) We separate due to marital isues; and

3) We divorce.

What happens to him? Does he have to return to Jordan? He came here on a family visa. How is is adjustment of status affected in Sits. 1 & 2? In all 3 sits., how is his overall status as a legal perm resident affected? What are my obligations here beyond informing USCIS of any address changes? --LJS (California)


Asked on 1/12/10, 1:15 am

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

I believe you are referring to the petition to remove the conditional residency. If you are divorced, then he can file the petition to remove the conditional residency with a divorce waiver. If you are seperated and do not help him, he must file the same petition, but with a hardship waiver. Thus, in that case, he has a better chance if you are divorced. If you would like my office to help him, please contact me.

Read more
Answered on 1/17/10, 8:08 am


Related Questions & Answers

More Immigration Law questions and answers in California