Legal Question in Immigration Law in California

How will divorce affect citizenship application

I got merry to US citizen in 2003. I got my first green card in 03.2005. In 2007 I file for removal of condition (my case is pending to this day, and I don't know why?).

Meantime our relation start going apart. To the level I wanna to file for divorce, but I'm afraid to lose my status and possibility to citizenship what I like to apply. Can I got divorce now and have my green card and next citizenship?


Asked on 5/26/09, 5:35 pm

3 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: How will divorce affect citizenship application

Very likely yes, but you need a lawyer to unravel the uncertainty and be sure the filings are done correctly. Your case has some issue you're not aware of, otherwise, it would have been approved. It could be as small as the new green card getting lost in the mail or at worst, you have a denial order for failure to prosecute your case.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 5/27/09, 2:41 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: How will divorce affect citizenship application

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 6/11/09, 2:11 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: How will divorce affect citizenship application

If you filed in 2007 to remove your conditions, your case should be processed by now, based on the current processing times at various service centers. Have you called or checked in person at the office for the reason it's pending?

If you file for divorce now, you won't necessarily lose your status. However, the application you filed (which is based on your current marriage), may not be valid if you get a divorce.

Alternatively, if you meet certain requirements, you may be able to remove the conditions on your own.

It is beneficial for you to try and find out the reason why your application is still pending, before moving forward.

To discuss your specific case further, kindly email me directly at [email protected].

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 5/26/09, 5:45 pm


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