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Immigration and divorcing as a permanent resident

New York, NY |

I am permanent resident and want to know what would happen if I got divorced before my conditions were lifted? I married a US Citizen who I have been with for years and things are not going well for us, I have found out that he is having a relationship with another woman. If I ask for a divorce will I still be able to stay in the US and then apply for a 10 year residency? I will not be eligible to apply for removing my conditions for well over a year. I don’t want to get divorced, be removed and then have to start life all over again in my home country, but at the same time I don’t want to stay in a relationship that is unhappy.

Attorney Answers 2


It is possible for you to stay, even if you become divorced, by filing for a 'good faith, no fault' waiver of the joint petition requirement. You will need an experienced lawyer to help you with such an application, and must still abide by the time requirements of removing the conditional aspect of your residency. Good luck!

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can you please explain a little about when you say I "must still abide by the time requirements of removing conditions". If I am no longer married what will I have to prove and I'm assuming you mean that whatever it is I need to prove it will take place within 90 days of the end of 2 years since my green card was issued? Just a little confused about this and would appreciate your clarification.


That's a situation in which many people find themselves, unfortunately. Before commencing a divorce you should consult an experienced local immigration attorney to develop a plan for dealing with your status and application.

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