Legal Question in Immigration Law in Maryland

Dependent I485 after divorce

I am a derivative on my husbands petition for I485 in EB3 catagory (India). We are not on right terms and would get separation very soon. what will happen to my case once our divorce is finalized.


Asked on 5/06/09, 5:20 pm

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Dependent I485 after divorce

Dear Inquirer:

You are only entitled to derivative status if you are the "spouse" of your husband on the date the application is approved. If you are divorced, you will not be eligible to obtain your green card through his employment petition.

Please email [email protected] or visit www.hanlonlawgroup.com if you would like to explore this matter further in a confidential consultation.

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Answered on 5/07/09, 6:31 pm
Lisa Brenman Brenman Immigration Law Firm, PLLC

Re: Dependent I485 after divorce

You ask a very important question because your derivative status depends upon your marriage to your husband. If you divorce before the I-485 is approved, you will no longer have an I-485 pending at Immigration. There may be other options available depending upon the facts of your situation. As you may know, the EB-3 category is currently unavailable world-wide. I am available to consult with you about this in more detail if you wish to contact my office. I wish you the best.

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Answered on 5/06/09, 7:41 pm


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