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10 Year Green Card in hand: Immigration Attorney or Divorce Attorney?

Bellevue, WA |

A friend of mine was in a bona fide marriage for 2-3 years, but she does not want to remain married to him due to irreconcilable differences. She was advised by her immigration attorney not to file for divorce until she had her conditional status removed and the 10 year green card in hand. She is now an unconditional permanent resident and has the 10 year GC in hand. Is there anything major that she needs to be aware of that requires an immigration attorney, or is she "safe" to divorce her husband without fear of deportation?

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Attorney answers 3


She should be Ok, but be aware that iIf the government has reason to believe the marriage wasn't bona fide, and the case comes to their attention, they can initiate proceedings to rescind the green card even after the condition is removed. She should be careful to retain evidence the marriage was bona fide and what was going on that led to divorce just in case it comes up

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.


She's safe, but it will now take 5 years to become a citizen.

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Divorce attorney .... she appears to be 'all set' as far as immigration is concerned.

But, she must wait 5 years from the 'resident since' date on the card before she can file for naturalization.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.