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What are the laws pertaining to an aliens temporary green card status if citzen spouse files for divorce?

Miami, FL |

My spouse has just recently received temporary green card status, i am considering filing for divorce, what effect will that have on the alien spouses right to travel freely to and from the united states?

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Attorney answers 2


Foreign nationals who obtain legal permanent residence status through marriage may receive the status with conditions if they were married less than two years on the date they became residents. If the couple divorces, foreign nationals may still remove the conditions on their legal permanent resident status. Instead of filing a joint application to remove the conditions, foreign national will file a waiver on that joint filing based on the fact that they had a good faith marriage which ended in divorce.

Although this form seems very simple, as it is two pages long, the strength of the case will depend on the evidence presented. An immigration professional will organize the evidence and help foreign nationals win their case as efficiently as possible.

This attorney is Board Certified, speaks Spanish and French, and has an office in South Florida. For more information, click through to the Blog.

Elizabeth R. Blandon


Travel and residence will be extended while the conditions are lifted. A hardship waiver will be required. The application to lift the conditions must be filed within the ninety days before the two year aniversary of the temporary residence.

Nicolas A. Olano