Legal Question in Immigration Law in New York

Re: Condition Green Card

You should speak with an immigration attorney to determine what your rights are as a permanent resident and the steps that you must take to maintain your residency. You do not state in your posting when your conditional green card expires. You will need to file the I-751 to obtain a permanent green card, but may be eligible for a waiver of the joint filing requirement.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

Re: Condition Green Card

The outline in your e-mail regarding your immigration situation that you have presented is not sufficient for me to give you a clear answer. I would need more information regarding this case before I can comment on it properly.

I will note, however, that your getting a divorce from your husband is more of a family law matter.

Patricia Martin-Gibbons

Re: Condition Green Card

The good news is that you can file the I-751 without your husband, by requesting a waiver of the joint filing requirement. This can be done only once your divorce is finalized. You will need to submit sufficient evidence of the bona fides of your marriage. Therefore you should retain an immigration attorney who has experience handling these types of cases. If you would like assistance in this matter please do not hesitate to contact me.