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I am a permenant Resident married to an american citizen. If i divorce will it effect my chances to become a citizen?

Lawrenceville, GA |

Im in Ga. And my spouse wants a divorce to marry someone else. I am just waiting on the rest of the process to go through. will this have an adverse effect on my statis with immigration? I have been married for 3 years and only seperated a few months. My spouse knows i have sent in the form for the citizenship in march but doesnt care.

do i have any options?

Attorney Answers 3

Posted

Sorry to learn you and your spouse are divorcing. You should expect the USCIS to deny the naturalization application that you filed, since eligibility for filing such an application sooner than five years (less 90 days) from grant of Permanent Resident status is available only to Permanent Residents who remain married to their U.S. Citizen spouses through the date of naturalization. Unfortunately, the USCIS will not simply place the file on "hold" for two more years, and it will not refund the filing fees. Nonetheless, it may be wise to consider withdrawing the pending case.

You should become eligible to file a new naturalization case after the expiration of five years (less 90 days) from the date you became a Permanent Resident. In adjudicating the new naturalization case the USCIS may re-examine the bona fide nature of your marriage that formed the basis of Permanent Resident approval, but with three years of marriage and an appropriate set of documentary evidence that should not stand in the way of becoming approved at that time.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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2 comments

Asker

Posted

would this effect my permenant residency at all?

David Nabow Soloway

David Nabow Soloway

Posted

I am not certain that I understand your question. If in connection with a naturalization case a USCIS adjudicating officer determined that the underlying basis for having achieved Permanent Resident status was fraudulent, then that could lead to very serious immigration consequences, including initiation of steps to terminate Permanent Resident status. A divorce following three years of a bona fide marriage should NOT present such problems. For advice about your specific situation, it would be wise to engage an immigration attorney who could learn all of the relevant information and then be able to provide advice. [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Kennedy, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

Posted

current application will be denied, but you should be ok after 5 years on green card (so 2 more years)

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

Only if your green card was obtained through the marriage and the marriage was solely to get the green card.

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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