Legal Question in Immigration Law in Massachusetts

My mother-in-law is a Canadian. Her son, the US citizen, applied for her green card. She's about to send all the papers to USCIS, but the thing is that she was married. She is not officially divorced, instead she holds a separation certificate which says what belongs to whom. The certificate was set up by lawyers that represented both sides of the agreement. The question is DOES SHE STILL NEED A DIVORCE CERTIFICATE TO APPLY FOR THE GREEN CARD? Can they ask her some time to present it?

Thanks

Olga


Asked on 7/06/10, 9:52 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Olga,

She needs to answer the question in the I-130 and I-485 as to what is her marital status. If she is still married, of course, no divorce decree is required. Dependign on what is her legal marital status, she may need to provide specific documents. Normally, marital status of a parent of US citizen is not a major issue. However, it has to be answered and documented.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 7/06/10, 1:48 pm


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