My friend is eligible for a waiver.. if he gets divorce will it chances his eligibilty

Asked over 2 years ago - Sarasota, FL

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?

Additional information

i think the waiver was 237(a)(1)(H).. not quiet sure
And his wife is neither a US citz or a permanent resident. She overtay her b1/b2. Couldnt adjust because her husband wasn't a citizen.

he applied for the 237(a)(1)(H) waiver. his kids are us citz ... qualifying relative, will the divorce affect his case even though the wife is not a qualifying relative?
divorce reason is irreconcilable difference

Attorney answers (4)

  1. Neil Ian Fleischer

    Contributor Level 20

    4

    Lawyers agree

    Answered . 237a1h waiver is what you should apply for

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  2. Elizabeth Clare Surin

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended... more
  3. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . It depends on what the allegations in the divorce complaint are and what countervailing evidence the other party has in his favor. He should talk to his lawyer.

    Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: mc@... more
  4. Kyndra L. Mulder

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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
    MulderLawOffice.com
    (386) 283 5579
    (904) 296 7702

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