I started filing a green card for my husband before we separated, can he gets the green card since we are no longer together?

Generally, a couple must be living together in a bona fide marriage at the time the USCIS conducts its interview and adjudictes an application (notwithstanding some legal authority for the proposition that if the marriage was bona fide when entered, a separation should not invalidate the case) . Note that if you now wish for your husband not to adjust status (to get a "Green Card"), your are not prohibited from withdrawing an application after it has been filed.

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

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404/320-7000 877/232-5352 dsoloway@fspklaw.com

Yes, you could notify USCIS that you now wish to withdraw your sponsorship of your husband's application for lawful permanent residency (green card) due to an unanticipated change in circumstances.

M.E. Hendrickson, Esq.
Alexandria, Virginia 22314