10 Year Green Card in hand: Immigration Attorney or Divorce Attorney?

Asked over 1 year ago - Bellevue, WA

A friend of mine was in a bona fide marriage for 2-3 years, but she does not want to remain married to him due to irreconcilable differences. She was advised by her immigration attorney not to file for divorce until she had her conditional status removed and the 10 year green card in hand. She is now an unconditional permanent resident and has the 10 year GC in hand. Is there anything major that she needs to be aware of that requires an immigration attorney, or is she "safe" to divorce her husband without fear of deportation?

Attorney answers (3)

  1. 6

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    Answered . She should be Ok, but be aware that iIf the government has reason to believe the marriage wasn't bona fide, and the case comes to their attention, they can initiate proceedings to rescind the green card even after the condition is removed. She should be careful to retain evidence the marriage was bona fide and what was going on that led to divorce just in case it comes up

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  2. 4

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    Answered . She's safe, but it will now take 5 years to become a citizen.

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com
  3. 4

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    Answered . Divorce attorney .... she appears to be 'all set' as far as immigration is concerned.

    But, she must wait 5 years from the 'resident since' date on the card before she can file for naturalization.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

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