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Do i need an attorney?

Seattle, WA |

I'm a conditional green card holder since Dec 2011. I separated from my husband couple months after i got my green card. He filed a divorce application after we separated. Will I get deported when my green card expires ? Do i need an attorney for my case or I just report everything to an immigrant officer?

Attorney Answers 4

  1. Its good you ask the question here.... You do need an attorney to help you understand what your rights and options are. First, even though your card says it lasts 2 years, it will be terminated when the divorce is final. So you need to do something about that BEFORE the 90 day window prior to expiration. You must file form I-751 as soon as you are divorced or within the 90 day window, whichever is sooner. Immigration can ask you to leave the country -- but you have the option to ask to stay here, showing that your marriage was not fraudulent... If you want to stay, that is the option you should explore. Its a little complex. I recommend you get advice from an experienced family immigration lawyer as soon as possible.

    This is general advice, and does not constitute an attorney client relationship.

  2. It is very difficult to answer your question without speaking to you or seeing your documents. Once your divorce is final, you can file waiver of joint filing requirements and remove conditions without your spouse if you can prove the marriage was bona fide and not for immigration benefits. It is not something I recommend you do on your own and strongly urge you to hire an immigration attorney to assist you. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

  3. You should speak with an attorney mediately. Once your divorce is final and CIS learns of it they will terminate your LPR status. You can file to remove your conditions even when you are divorced but you would be best served having an attorney help you with the process.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  4. Everything that the other attorneys have said is correct. You should certainly proceed with a lawyer. I would be happy to meet with you in person if you would like to talk about it and go over your documents. There is much we can do right now in order to help you.

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