Does a legal status in USA of a wife on H4 visa become invalid after divorce even if she has received EAD?

Asked over 1 year ago - Pleasanton, CA

Her husband's co. filed for green card in 2007. I 140 has been filed, got EAD but 485 still pending.

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes, once the divorce becomes final.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, and she also becomes ineligible to adjust status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Ralf D. Wiedemann

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes, when the divorce is final the ex-wife loses her H-4 status and loses her eligibility for I-485 approval and EAD. She would have to depart the U.S. or obtain a different basis for remaining in the U.S.

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