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My friend is an immigrant married to a U . S citizen for 3 yrs and has a temporary green card .

Columbia, SC |

They are having some serious issues in their marriage. He wants to divorce her. Can he divorce this U.S citizen and still get his permanent card? What are some of the consequences that could happen to him? Can he be deported? He is working , paying taxes, and is a model citizen. Very concern about what can happen to him.

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Best Answer

Even if they get divorced, he would still qualify to be a Permanent Resident (currently he is a Conditional Permanent Resident) so long as the marriage was bona fide. Said differently, as long as he can submit enough evidence to show that he got married to his wife for the right reasons (i.e. not just for the purpose of gaining permanent residence in the U.S.), he would be granted full permanent residence and given a 10-year green card. He should consult an attorney for details. Many of us offer free consultations.

If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

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 are intended as general information for the education of the public, and not for any specific individual.


Yes he can, but not without complications. Tell your friend to hire or consult an immigration attorney. SC has some.


Yes, it is possible to obtain a waiver of the joint petition, provided he can prove to the satisfaction of immigration that his marriage was in good faith as well as his divorce. For this, I highly recommend that your friend hire an experienced immigration attorney who will know how to handle this type of case. Since he has a conditional green card, and not a permanent one yet, his case will be certainly scrutinized, so it is best that he has proper representation.

Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


I'm sorry to hear your friend is having marital difficulties. I agree with my colleagues, and I highly recommend that your friend hire an attorney to help him waive the conditions on his permanent residence. It is a long process, and in S.C. he may have to be separated for an entire year to be divorced. This will impact his process of waiving the conditions, that may result being referred to Immigration Court. Best of luck to your friend.

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