Legal Question in Immigration Law in Georgia

Immigration and Divorce

I've been married since 2003 and Applied for Adjustment of Status in April/2007. Application was denied for lack of evidence with medical exam. Spouse also withdrew form I-130 Sep/08. I re-applied in Oct/08 after agreeing with spouse to work on problems in marriage. Wife has long history of drug abuse/prescription drug abuse and has criminal history. All of which is still putting stress on the marriage. Because of mental state she is in, she has threatened to cancel papers several times. She is a US citizen..I am a German citizen. Can I apply for legal separation and still receive residency? If I'm approved for Permanent Residency and want to divorce her, move out of state, etc. Can she null the process or make a cancellation request? Thank you


Asked on 11/26/08, 7:03 pm

1 Answer from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: Immigration and Divorce

If you have evidence of your wife's history of drug abuse and criminal history, and that these issues are the stressors in your marriage, in addition to threats that she will cancel papers, it is possible that you may be eligible to self-petition. You must, however, prove that you are suffering from all this and, because of your wife's problems, you stand to lose the possibility of becoming a lawful permanent resident. When you say the application was denied, can you tell me the reason? I will not tell you you can apply for legal separation and still receive residency until I learn more facts. It is possible; hopefully, you have no criminal convictions, and we know the process well. Don't know exactly where you are located but you ought to talk with a good immigration lawyer who can put you on the right path. By the way, the petition you would use to self-petition is an I-360. A good lawyer would know what to do. good luck!

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Answered on 11/26/08, 8:59 pm


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