Legal Question in Immigration Law in Michigan

my girlfriend is from Russia and came to the states 2 years a go. She got married to this other guy but the guy was very abusive and now they are in the process of finalizing the divorce. We met after the divorce process had started. Her immigration papers for her and her daughter (permanent resident alien card) are still in the process. Right now she has a temp green card that permit her to work but it will expires in 2012 if she dose not get the permanent one.

My question is: she is afraid that the INS will stop the presses and send her and her daughter back to Russia (get deported) if the INS finds out that she has a boy friend. She is very scared to even be seen with me in some parts of town because she thinks that if her free divorce lawyer or the INS finds out that she has a boy friend, they will think she wanted to divorce her Ex because she found a new person instead of what really happed which was that her Ex was extremely abusive?

I would really appreciate help with this question.


Asked on 5/25/10, 6:33 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

She should probably talk to someone who can explain her immigration law and her rights.

I am an immigration lawyer and speak Russian fluently. If she would like to schedule a telephone consultation, she is welcome to email me directly.

If she and her daughter already have conditional green cards (valid for 2 years), after divorce - they can apply to remove conditions and get permanent green cards. Yes, it can be more difficult rather than applying jointly with her husband. However, it's possible. I had assisted numerous clients from many States in similar circumstances.

Of course, going through divorce from abusive husband and maybe listening to his threats of deporation can be very stressful. However, she should know that she also has rights and should consult a knowledgeable attorney and start preparing to obtain permanent residency for herself and her child.

All the best.

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

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 5/25/10, 9:47 pm
Caridad Cardinale Pastor & Associates, P.C.

It sounds like she already has her conditional green card and if that is the case, then 90 before it expires, she can file a Waiver of filing the Joint Petition to Remove Condition. She needs to contact a lawyer who practices immigration law to see what her rights are in this matter. We offer a free completely confidential in person consultation. Please call us at (248) 619-0065.

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Answered on 5/26/10, 8:12 am


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