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Will filing for divorce affect ability to seek permanent residency

Asked about 3 years ago - Indianapolis, IN

Hello, I am italian and he is US citezen and we been married 18 months and I have the permanant resident for 2 years but our marriege is going down the hill due to his alcohol problem and it seem nothing is going to change, so I need to know please, if I divorce him, can I apply for the renew of the card or I have to go back hom? Thank you so much for

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Attorney answers (1)

Michael A Harris

Reputation Level 12

Answered about 3 years ago. Immigration Attorney in Miami, FL.

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There are three ways that you could still have your conditional residence removed, despite the fact that you may divorce your husband before the two year anniversary of your marriage: 1. You would suffer extreme hardship if you were deported; 2) despite the breakdown of your marriage, you entered it in good faith and not with the primary intention
of obtaining immigration benefits; or 3) despite your good faith, you were the victims of abuse at the hands of your husband. If we can prove one of the above, then you can qualify to extend your residence without your husband.

Please contact a reputable law firm for assistance (note: that most out-of-state attorneys can legally help you because we are permitted to practice Federal immigration law outside of our licensed state of jurisdiction).

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