Legal Question in Immigration Law in Maryland

divorce as a permanent-resident

hi

my husband and i are both green card holders of five years. we agreed to separate and i would like to know the divorce process in MD.

*naturalization : I obtained green card through husband's company. would it affect on my naturalization?

*ownership of property: cost & process of changing from joint tenency to single?

*total cost of process if we hire a lawyer?


Asked on 9/02/07, 10:08 pm

1 Answer from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC

Re: divorce as a permanent-resident

I'm not sure what you mean by obtaining your green card through your husband's company, but either way, after 5 years, it shouldn't be an issue. When you get a green card due to marriage, you get "conditional" permanent residency and you must apply to remove those conditions after 2 years. If that's how you got your green card, presumably, that has been done. After that, you're a permanent resident regardless of how you obtained your green card. Divorce should not affect either you or your husband's status. The naturalization process requires demonstrating 5 years of "good moral character", which basically means not committing certain crimes during the last 5 years. Assuming you haven't committed crimes that reflect poorly on you, you should have no trouble naturalizing.

Changing title to property is not usually difficult or expensive. Exactly how the property is to be divided can be contentious, though. The first step is reaching a separation agreement with your husband that covers how property is to be dealt with until divorce is granted by the courts.

It's difficult to determine how much it would cost hiring a lawyer. Dealing with naturalization is straightforward and should not be complicated by divorce. The cost of actual separation and divorce will vary depending upon the issues involved in the case. Children, visitation, custody, division of marital property, etc., all play into it. The most critical factor is how contentious the situation is. The more agreeable the two parties are and the more they are able to work together, the cheeper it will be. If things are very contentious, the costs will add up.

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Answered on 9/02/07, 10:42 pm


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