QUESTION
Will our divorce result in my husband being deported and why?
Asked on Aug 20th, 2015 on Divorce - Michigan
More details to this question:
My husband and were married in Aug. 2013. I am a US citizen he is not. Between June and August this year, we have to renew his green card. If we get divorced before he renews it, will he be deported? We have a 6-month-old baby and I don't know if that will factor into him getting a green card. I haven't filed papers for a divorce yet but am thinking of doing it soon.
2 ANSWERS
If you are not yet divorced, you can file for his removal of conditional status together since you are still legally married. Even if you get divorced, he would still be eligible for a permanent green card if he can establish that the marriage was bona fide. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Aug 20th, 2015 at 3:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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You need to counsel with a divorce attorney, and he needs to counsel with a divorce and an immigration attorney. If they're not any other issues, the fact is that he has a child with you was a United States citizen increases the chance that he would be able to stay within the United States and renew his green card. Obviously, it would also be wise for him to make application for US citizenship.
Answered on Aug 20th, 2015 at 1:11 PM