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Does a ground for divorce affect an adjustment of status (Green card) based on approved vawa petition?

Paterson, NJ |

My vawa petition was recently approved. I am waiting for an "green card"interview. I want to divorce my abusive husband. I consulted different immigration and divorce lawyers. Majority say grounds do not matter and consider "No fault", though couple had different opinions. Even USCIS Veb site states that Ground for divorce shouldn't necessary state " Cruel and inhuman treatment " . I would appressiate if you share your experiences and opinions. I would like to hear mostly from immigration attorneys who delt with such issues'. Thank you.

Attorney Answers 3


  1. The grounds for divorce should have no bearing on the adjustment, particularly if you have an approved I360.

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


  2. I agree with my colleague.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info


  3. Although many attorneys have been successful with irreconcilable differences in this situation, I personally use emotional cruelty. If the VAWA application has been filed, I take the language from the application, so there is consistency. If the facts are there, and that is the reason for the divorce, why would I state differently on the divorce complaint? That's my thought on it,many way.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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