My friend was placed in removal proceeding for "misrepresentation " on his green card. He was married at the time he was granted a green card throuh his us citz parent but he got the green card as single son of us citz. He has been to the first court hearing and the judge deemed him eligible for a waiver (he has minor us citz kids). However he has a final hearing to show good character and present all the things that will qualify him for the waiver
The problem is his lawyer submitted a brief in the first hearing that state he was married with kids being the sole provider.And that he was a good husband and father. However his wife now files for divorce and the divorce will be finalized before the final hearing date.
Will the fact that he will be divorce affect his case negatively?
601 waiver needs a qualifying relative -- U.S. citizen spouse is a qualifying relative. A divorce would eliminate that. You did not give sufficient details in your case which is complex. It does not sound an impossible to win case but you need to consult with a good immigration lawyer on your specifics.
The dissolution will not effect the waiver.
I strongly suggest that he retain an experienced immigration attorney to assist him at the Orlando Immigration Court. He needs an attorney who is expereinced in removal defense and waivers. I regularly practice out of the Orlando immigration Court
Kyndra L Mulder, Esquire
(386) 283 5579
(904) 296 7702
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