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I want a divorce from my husband, but right now I'm in the process of fixing his immigration papers. Will his papers be denied?

Houston, TX |

He's not with me.
He's in jail.
We have two children together.

I am in the process of filling out an affidavit of support for him, but i DO want a divorce. I am only doing it for our kids. If i file for divorce before or after he gets out will those papers be void?

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Attorney answers 3


If the petition/adjustment of status application is still pending, the case will be deemed void since the qualifying relationship would no longer exist. If he already has the conditional residence, he could remove the conditions to his residence even if you divorce, but he would need to show that the marriage was legitimate.


If you get divorced before your husband gets his green card, his case will be denied.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


There are many excellent immigration attorneys in Houston. Look on this website & hire one.

Also, if he's in jail now, he might not qualify any longer.

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