Legal Question in Immigration Law in Massachusetts
Immigration issue
I hold a resident green card with conditions...if my wife files divorce ..do i have to leave the US immediately after the divorce is final?
3 Answers from Attorneys
Re: Immigration issue
Not necessarily. What is the reason for the divorce? Is she still willing to file an I-751 to remove the condition; were you married in good faith? Lots of questions and answers could determine whether or not a condition will be removed in your case. Get a good immigration lawyer! Good luck.
Re: Immigration issue
You wouldn't necessarily have to leave the country. You could technically still file for the removal of conditions on your residency. This will be more difficult now because you will not be filing jointly with your wife. You will have to prove that the marriage was entered into in good faith and that it remained in good faith from its beginning to the point of separation. You can feel free to contact me to discuss further in private or to schedule an appointment at my office. I am also in MA. We offer free consultations to Law Guru users. I urge you to get the assistance of an immigration attorney, as it is a difficult situation, but one that may have a solution, nonetheless. Good luck!
Re: Immigration issue
No. If the marriage was entered into in "good faith" and we can prove that (I can guide you as to which documents will prove that) you may be able to get your permanent green card in spite of your divorce. If you'd like to discuss the circumstances with me feel free to call my office.
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