Legal Question in Immigration Law in New York

Conditionnal green card

if i m married to a us citizen and i m still having the conditionnal green card .... i ve got a baby with my husband but i want to divorce...

M question is, ifi divorce with my husband the fact of having a baby with my husband would be tooken into consideration to pass from conditionnal to the normal green card....or i will be deported with my baby cause my baby is citizen and i will never leeave i will take him in this case


Asked on 10/16/08, 4:42 pm

2 Answers from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: Conditionnal green card

The fact that you have a child with your husband is an important fact that would be considered in the adjudication of your I-751, Removal of Conditions. You should prepare a well documented waiver if you plan on being divorced prior to the expiration of your conditional green card and deadline to file the I-751.

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Answered on 10/16/08, 4:47 pm
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Re: Conditionnal green card

The residence could be terminated if Immigration Service determines that the marriage is established in order to procure the alien�s entry as an immigrant. If the conditional resident cannot file a joint petition with the original petitioning spouse, for whatever reason, then she must file an application for a WAIVER of the joint petition requirement.

If the WAIVER is granted, the conditional resident has the conditions removed from her status, and she may remain as a permanent resident.

If you have additional questions, please contact us.

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Answered on 10/16/08, 5:25 pm


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