Legal Question in Immigration Law in New York

Can you get a green card after divorce of American spouse?

I am getting a divorce after being married for four years to a Colombian lady. She is here on an expired tourist visa...we were married before visa expired. Can she apply for a green card (with reasonable hope of approval) after the divorce? She has been working during the four years. Thank you for your help.


Asked on 11/23/01, 9:44 pm

3 Answers from Attorneys
John V A Holmes Immigration Law Center

Re: Can you get a green card after divorce of American spouse?

Yes if you can prove you were abused by your USC spouse.

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Answered on 11/24/01, 12:37 pm
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Can you get a green card after divorce of American spouse?

No. Once you obtain a divorce, your alien ex-spouse cannot obtain an immigration benefit by virtue of your previous marriage. She will have to find another way to legalize her status. Or, you will have to reconcile with her.

Please note: The address info in my footer is incorrect. My correct address is 20 West 20th Street 2nd Floor, New York, NY 10011-9260

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Answered on 11/23/01, 10:34 pm
R. Freeth Silverman Sclar Shin & Byrne

Re: Can you get a green card after divorce of American spouse?

The time for her to change her status was before the marriage, or, at the latest, during the marriage. It is now too late. It would appear that the person in question is now in the country illegally. She must retain an immigration attorney immediately and adjust her status some other way, or leave the country.

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Answered on 11/26/01, 9:56 am


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