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.
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Dean P. Murray
The Murray Law Firm
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Englewood Cliffs, NJ 07632
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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.