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?

Asked 11 months ago - 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)

  1. Alexander Joseph Segal

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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)... more
  2. Jorge Luis Delgado

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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.

  3. Philip Alan Eichorn

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

  4. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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