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Can i get divorce or legal separation and still stay here if i'm on Conditional green card.

Chicago, IL |

i got married last year on may 8th In India under Hindu marriage act and my Husband is U.S. citizen. we didn't spent much time together after marriage (It is an arrange marriage i didn't knew my husband at time of marriage). I came to USA on 12 April and then i came to know my husband better (well i kind of never liked him for some reasons i can't discuss here) and i really cant be with him i made a huge mistake. I know its been only a year to our marriage, but i just want to be away from him as soon as possible. But i can't go back to India i have nothing there i'm kinda stuck here. Is there some way that i can stay here if i file divorce before getting a permanent green card. I know it is really difficult. and if u know who is a fine lawyer who can help and is not expensive

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Attorney answers 7


Yes, in some circumstances but your should start not from AVVO but a consultation with an immigration attorney.

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You need a good family law attorney and a good immigration attorney to properly protect your legal rights in that above elaborate and rather complex scenario to qualify for subsequent Permanent Lawful Residency after removal of the condition of that temporary LPR.

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I agree with counsel. Contact a local immigration attorney to help you.

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Yes. You will have to show that you are eligible for a waiver if the joint application to remove conditional status. Like all previous answers here, you NEED an attorney for this one.


I agree with my colleagues. Consult an immigration attorney who can facilitate your contact with a family attorney.

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Yes. It is possible, and like others have stated, you need to contact an immigration attorney for a one-on-one consultation.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


I agree with my colleagues, and would add that a good first stop for a consultation would be the Indo-American Center, near California and Devon which can help you with legal referrals and social services.

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