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I am canadian and was married to a U.S. citizen for two years.

Cincinnati, OH |

My wife has filed for divorce. Can I apply for adjustment of status and remain in the U.S.?

Attorney Answers 4


Not if you are not already a conditional permanent resident.

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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You may be a little late. If you are already a "conditional permanent resident", you can file an I-751 Petition to remove the conditions of your residency and prove that the marriage was bona fide. If you are not a CPR already, I see no way to adjust your status based on your marriage - unless you suffered extreme abuse from your wife and can prove it.

You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

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At times you can but not always. It all depends upon your specific situation and so please consult n experienced immigration attorney.

My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.

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Only through VAWA 360.

JP Sarmiento
Free Consultations (email /phone/in-person)
(216) 573-3712

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