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Temporary green card and divorce

Sacramento, CA |

My green card will be expire in may but our divorce processes will be final in june. My question is If we go to court, my divorce will be final later so I won't have green card anymore untill file the waiver. Can they deport me or do they have to wait until divorce process final?

Thank you,

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Attorney answers 3


It is time for you to meet with an immigration attorney.

No,you won't be deported. But, you really need to have an immigration attorney coordinate things with your divorce attorney.

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.


Even though your divorce will not be final until after your conditional green card expires, you should explore whether you are eligible to submit an I-751 waiver based on hardship.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
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 is a very specific process for filing the petitions to remove conditions when there is a divorce pending. This process, if followed, generally protects people from having to go to court. Please retain counsel to represent you and effectuate this process and protect you from removal proceedings.

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