Legal Question in Immigration Law in Pennsylvania

I'm immigrant and married to an american man for 8 months, after psychoterapist counseling,

we came to the agreement that we have differences not reconciliable, and want to go to a

divorce. He has an attorney, I can't afford one, but just would like to know when it is proper

to leave the house we both live in, without being accused of abandonement, he's trying me

to leave, and to go back to my country until he have all the divorce papers to sign. I'm worried

about my provisional green card, my status is legal, but after the divorce, I don't know what is going to happen, I gave up a 17yrs old job in Peru, to marry him, and my only chance to fix that is getting

a job here, in my country would a lot harder or imposible, so I have decided to try to keep the

green card. I am interested in any money or possesions, I just want to fix my situation.

He wants the divorce too but it is giving me a lot of emotional distress. Please help me.

I would appreciate any advice. Thank you.


Asked on 7/30/10, 6:31 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

I understand your concerns about loosing residency (conditional green card) after divorce. It might be even more important for you to have an advice and assistance of a knowledgeable immigration attorney, rather than a divorce lawyer.

Usually, both a husband and a wife file petition to remove conditions together (jointly). However, a person with a conditional green card can apply to remove conditions after divorce provided that they can prove that their marriage to a US citizen was bona fide (real, not solely for a 'green card'). It's not an easy task, but possible.

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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

Read more
Answered on 8/04/10, 7:10 pm
Bonnie Moses Dessen, Moses & Rossitto

It's difficult to prove eligibility for a permanent green card, but if you can prove the marriage was bona-fide and then that some issue such as abuse played a part in the separation, it is still possible. For a free consultation with our local immigration attorney, please call us at 215_242_3830 and ask for an appointment with Adam M. DeJohn, Esq., our immigration attorney.

Read more
Answered on 8/05/10, 8:24 pm


Related Questions & Answers

More Immigration Law questions and answers in Pennsylvania