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How can I obtain Legal Permanent Residency as a derivative asylee?

Brooklyn, NY |

Hi,
In April it is going to be a year since my wife has been granted an asylee's status. However, about 3 months ago she filed for divorce. I have not received any papers from the lawyer yet that states our divorced status. I have been served with divorce paper but did not do anything with it.
So my question is, when I apply for LPR, will immigration know that I am divorced? It says that I have to send them copy of marriage papers, I-730, and court order. With providing them with all the papers that are needed, will they still know that I am divorced?
Thank you for your answers in advance !

Attorney Answers 3

Posted

Yes, because you are required to tell them what your marital status is. Not doing so can result in your deportation.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Thank you for your answer. But what if I have not received my final paper on divorce. Currently, I am still married and if I will not receive the divorce paper by the time I submit my application for LPR I will still be considered as married. Can this also be an issue, if I will not notify USCIS that my wife has filed for divorce?

Posted

You must fully disclose all pertinent information to CIS. I'd encourage you to retain counsel to determine if you have an independent ground of eligibility for either asylum or another immigration benefit to protect yourself.

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Posted

You should have the assistance of an attorney when filing for benefits. The forms may seem simple but a mistake can be very costly. Now is not the time to be looking to save money. It may wind up costing you much more later on. Good luck.

LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.

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