Ive been married to a citizen for 1.5 year; I've had a temp. green card for a 11 months. If we divorce now what are my rights?

Boston, MA Viewed 30 times. Posted about 1 month ago in Immigration

Husband moved out. He is not disclosing his tax paperwork, he has been out of control with debt / money, and has a sexual molestation of a child case open in his former job. He is denying anything happened. Husband is avoiding communication with me whatsoever and staying with a friend. I started school and am supposed to graduate by 12-2011. My temporary green card will expire in 12-2010.

If we get a divorce between now, 10-2009, and 12-2010 when temporary green card expires, what are my options?

Can I file to remove the conditions of residence on my own? What are the chances I am granted unconditional residence? Should I leave since I will be out of status after my divorce? Can I change to temporary green card back to student visa and continue with my studies without leaving the US? - Is this your question? Add additional information

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Answers (1)

Brian David Lerner

This attorney is licensed in California. Posted about 1 month ago.

First, you must file the I-751 prior to the expiration of your temporary Green Card or your status will automatically expire. Assuming your spouse does not help you, then you must file a hardship waiver which is difficult to get approved. Then, once the divorce is final, immediately file a divorce waiver which has a much easier burden to get approved in my opinion.