Legal Question in Immigration Law in Kansas

Re: How divorce affects citizenship application

You inquiry indicates some possible misunderstanding of the green card/citizenship process. As a brief overview, when a non-citizen marries a U.S. citizen, the first step will usually be conditional permanent residence (a 2 year green card), at the end of 2 years Form I-751 is filed to remove the conditional aspect of the status, and after 3 years as a green card holder married to a U.S. citizen she would then be able apply for U.S. citizenship. Presumably after three years of marriage she has her temporary green card, and is waiting for the I-751 to be adjudicated. If this is the case, she will need to make some revisions to the petition, but she could still be successful in maintaining her status. There are other possiblities and issues to consider. Please contact me by phone or email if you would like to discuss her situation.

I look forward to hearing from you.

My best wishes.

Re: How divorce affects citizenship application

I am a bit confused by your inquiry as to your friend's immigration status.

If your friend is a conditional permanent resident and will be applying to remove the conditions she may divorce and apply for a waiver of the joint application requirement. Please note that it is more difficult to obtain a permanent green card in this fashion but it can be done as long as the marriage was in good faith, for love, etc.

If your friend is a permanent resident that is now applying for citizenship, a divorce will not affect her application.

Please feel free to contact me directly if you have further questions at 619.233.0900.

Sincerely,