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N400 post divorcewith 5 year base

Los Angeles, CA |

Hi all,
got my temp green card in feb 06, filled for i 751 in feb 08, approved without interview,,
we filled for divorce in sept of 2011 and finalized in may of 2012.. i wan to apply for my n400. will my divorce be an issue? we were a young couple.. kinda careless.. we didnt keep much paperwork

Attorney Answers 3

Posted

The divorce can be raised during naturalization proceedings pursuant to INA 318.

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Posted

hi philip and thanks for your response. Im was married for over 7 years. while going through avvo, i have found many people who were married for 4 years and seperated a week after getting i751 approved being told that it should be a non factor. why do think that in my case it will be a factor?

Philip Alan Eichorn

Philip Alan Eichorn

Posted

It is a factor in all cases and not just yours. According to law USCIS may review all portions of your immigration history to ensure compliance according to INA 318. Recent practice shows a shift towards heightened scrutiny on marriage based adjustment of status cases during the naturalization process. Whether or not USCIS decides to discuss your divorce or marriage with you is up to them but your should be aware of the law.

Posted

I agree. However, the fact that you are filing after five years of permanent resident status may also have a favorable impact. Either way, it is best to have a witness in the form of an attorney, who not only helps you with the N-400, but prepares you for the examination in case issues about the marriage arise. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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Posted

hi kevin and thanks for your response. Im was married for over 7 years. while going through avvo, i have found many people who were married for 4 years and seperated a week after getting i751 approved being told that it should be a non factor.

Posted

I agree with my colleagues.

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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