Yes, your application will be denied because you are no longer a qualifying relative for the purpose of receiving a green card. I would consult with an immigration attorney to discuss your options.
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Your application may be affected, and you should discuss the specifics directly with an attorney. The timing of various events (such as the date of your interview, date of filing for divorce, receipt of any approval notice, finality of divorce, etc.) are important in your case, and it is not clear from your question when those took place (if at all). Good luck!
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Did you already have an interview? If you did not, your application will definitely be affected. However, there could be options available to you enabling you to adjust status. You really need to retain an immigration attorney to review your case and advise you accordingly. Good Luck.
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Your application will be denied if you are no longer married. Given the importance of your situation, you should contact a lawyer as soon as possible, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
Your application will be denied, and assuming you do not have a legal status you will be placed in removal proceedings. Now would be the time to speak with an immigration attorney regarding what if any options you have.
Legal disclaimer: The statement above is general in nature, 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.
My colleagues are correct ... and your facts are confusing.
Did you already have your I-130 interview?
Did you file the I-130/I-485 concurrently?
You should meet with an immigration attorney ... this could be a very big problem.
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.
I agree with my colleagues here. You need to consult an experienced immigration attorney. At Brandt immigration we have over 10 years experience successfully representing immigrants facing similar issues.
Chad M. Brandt