I want a divorce from my husband, but right now I'm in the process of fixing his immigration papers. Will his papers be denied?

He's not with me. He's in jail. We have two children together.

Houston, TX -

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Attorney Answers (3)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA

If you get divorced before your husband gets his green card, his case will be denied.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
Carlos E Sandoval

Carlos E Sandoval

Immigration Attorney - Hollywood, FL

If the petition/adjustment of status application is still pending, the case will be deemed void since the qualifying relationship would no longer exist. If he already has the conditional residence, he could remove the conditions to his residence even if you divorce, but he would need to show that the marriage was legitimate.

Fran Brochstein

Fran Brochstein

Mediation Attorney - Houston, TX

There are many excellent immigration attorneys in Houston. Look on this website & hire one.

Also, if he's in jail now, he might not qualify any longer.

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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