Legal Question in Immigration Law in New York

Conditionnal green card

i m married to a us citizen, since 4 years and i have a condtionnal green card that will end by next year...we got a baby together but i dont want to continue anymore with him...i want to know if the facte of having A BABY TOGHETER is a good proof that i entered in the marriage in good faith that will help to remove the condition on my green card...

thank you for your answear


Asked on 4/30/09, 2:50 pm

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: Conditionnal green card

What is the reason you really want to leave your husband?

Only the immigration service can decide on what grounds they will use to remove the condition on your green card.

Please take note, that people do have children to remain in the US (they are sometimes called anchor babies by the press) so having a baby together can be interpreted in several ways.

We would require more information to determine exactly how to approach your situation.

Patricia Martin-Gibbons

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Answered on 5/01/09, 3:40 pm
Stanley Smotritsky Smotritsky & Spektor, PLLC

Re: Conditionnal green card

The fact that you and your USC spouse have a baby together is definitely a good evidence that you entered into the marriage in good faith. However, by itself, it is not sufficient to remove conditions. Generally, you can file to remove conditions either jointly with your U.S. Citizen spouse, or by yourself, requesting waiver of joint filing requirements. Getting a waiver is not an easy process and I suggest that you consult with an experienced immigration attorney regarding options available to you. Our office offers FREE phone consultations.

ANSWERS TO QUESTIONS PROVIDED BY OUR ATTORNEYS ARE ONLY GENERAL IN NATURE AND SHOULD NOT BE RELIED UPON IN MAKING LEGAL DECISIONS. THESE ANSWERS DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. AN ATTORNEY-CLIENT RELATIONSHIP CAN ONLY BE CREATED WITH OUR OFFICE VIA A FEE AGREEMENT SIGNED BY BOTH YOU & AN AUTHORIZED REPRESENTATIVE OF OUR OFFICE.

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Answered on 4/30/09, 3:17 pm


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