Legal Question in Immigration Law in California

My wife has been granted CONDITIONAL Permanent Residence Status. We are separated and I do not plan to file a Form I-751 to give her permanent status. She has left the country but plans to return in 60 days. Is there anyway I can prevent her from returning as I have filed an affidavit of support and she will be subject to removal from the United States in a year if Form I-751 is not filed.


Asked on 3/15/10, 5:47 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

No, you can't prevent her from coming back to USA in this situation.

Your wife or ex-wife can apply to remove conditions from her conditional green card without your help, and if approved, she will be granted a permanent resident status.

Yes, you will remain responsible as a sponsor under the Affidavit of Support even after divorce.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal 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.

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 paid 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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Answered on 3/20/10, 7:34 pm


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