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My husband just received his residents card a couple of months ago is there any chance of him loosing it if i file for divorce?

Springdale, AR |

we have been together since 2001 and he was giving volunteer departure in 2009 he just came back but our relationship did not make it after being 3 years apart.

Attorney Answers 4

Posted

Tell him to have an eye to eye with an immigration attorney. it will be in his best interest.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

The divorce by itself is not a reason to revoke the legal resident status. That said, USCIS might want to make sure that yours was a good faith marriage and not a marriage entered into just so he could get a green card. He needs to be prepared to explain what happened to your marriage and to prove that it was a good faith marriage. I would advise talking to an immigration attorney to help him be prepared if the needs arises.

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Posted

If his card its a two year conditional resident card, then he'll need to file to have those conditions removed prior the card's expiration. A divorce will factor into the USCIS decision whether or not they'll grant the petition to remove conditions.

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Posted

Depends on the length of the marriage, whether he has the permanent card or the conditional card, and whether he can prove he entered into the marriage in good faith.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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