Legal Question in Immigration Law in Florida

Divorce + L2 = Deportation? I have been separated from my wife for over a year and am wondering whether she would be deported if we went ahead with the divorce proceedings? If we do remain married and she goes to work under an EAD while the green card is in process, is there a chance that hers would be revoked if we divorce shortly after receiving them? Also, what kind of timing am I looking at in terms of processing of the green cards?

The only reason why I am concerned about possible deportation is because we have 3 small children. I have an L1 visa and my wife and daughter were granted L2s. We also have two sons who were born here in the US.


Asked on 3/14/11, 2:11 pm

1 Answer from Attorneys
Seeta Nangia Law Offices of Seeta Nangia

Once you get divorced, she will no longer be a dependent and will no longer hold L-2 status. If you get divorced after she obtains her green card, she should not have any problem with keeping her green card but may be questioned about the timing of her divorce when she files for citizenship.

Your green card application through an employer would fall under the Employment-based first preference category if you are currently on an L1A visa for a multinational manager/executive. There is no labor certification requirement so it is significantly faster to get your green card through the EB1 category. The current processing time for an I-140 is 4-6 months.

To discuss this matter further, please feel free to contact me.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 3/14/11, 3:28 pm


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