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Will i be able to file for green card after getting divorce ?

Dallas, TX |

We have been married for 8 months now , and i didn't file for immigration to change my status yet ,so I am still undocumented , he is a USC , he cheated on me and he is out of the house all day ,and not even interested in talking to me anymore, i don't know why he changed, maybe because he knows that i need him to get my green card ... now we been talking about getting a divorce , will i get deported ? will i be able if i get married again to file for green card ? what are my options ?

I am 28, i came to US on F1 visa 3 years ago, from Brazil, but overstayed ,i have a bachelor's degree from Brazil

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Attorney answers 4


If you divorce your husband, you won't be able to get your green card through your marriage to him, unless you have been the victim of abuse by him. In that case, you could petition for yourself under VAWA. If you divorce him and remarry to another U.S. citizen, that spouse can petition for you as long as the marriage is real -- your first marriage won't affect your chance to do that. Just getting divorced itself will not get you deported, because that's not something that will alert immigration authorities.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.


You will not be eligible for adjustment of status based on your marriage to a USC if you divorce and your spouse hasn't even filed the Alien Relative Petition.


What you haven't indicated is how you entered the country; either after being inspected or not. This will control a lot of what happens in your immigration future. As well, we don't know when you entered, how old you are or your education history. All these factors and more play into whether or not you are eligible for an immigration benefit.


You need to take the time to go in and speak to a Board Certified Family Law Attorney. No one can properly guide you on this situation without having a consultation with you and hearing the full story. There is always more to the story. It helps attorneys file the appropriate pleadings for that particular situation. You cannot go by someone else’s case and what happened to them. Nor can you live in fear from someone else’s unprofessional opinion. Do your research and look for a Board Certified Family Law Attorney. You can find that information on the Texas State Bar Website.

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