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Divorce laws for Citizens vs. Lawful Permanent Residents

New York, NY |

Are lawful permanent residents subject to the same divorce laws as US Citizens if the marriage took place outside of the United States long before coming to the States and also under different legislative rules?

I am a LPR moving towards a divorce. Can my spouse cause me more damage if we were to get divorced after becoming citizens or does it not matter at all?

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Attorney answers 3


I do not fully understand your question. If you are a conditional green card holder, you have a green card only good for 2 years, a divorce could pose a substantial obstacle to you obtaining your green card that is good for 10 years. My best advice is to consult an immigration attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


It does not matter in terms of the potential issues in the divorce case itself. If there are immigration issues, this may need to be addressed with an immigration attorney. That said, if you're looking to file for divorce, you're best advise to schedule a consultation with a NYC Divorce attorney.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.


Divorce laws do not depend on immigration status.

Whether there could be immigration repercussions depends on the basis for the green card.

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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