QUESTION
Can he deny my green card at this stage if I file for divorce to protect my daughter?
Asked on Oct 10th, 2012 on Immigration - Michigan
More details to this question:
I have TD and my husband TN visa. We have done our medical and I got my social security number as well as EAD card issued. My husband has threatened me to take my daughter abroad to Jamaica where his parents live. I do not agree with that.
4 ANSWERS
It depends on who gets the custody of the child, I suppose. You need to discuss this with the family law attorney.
Answered on Oct 17th, 2012 at 1:14 PM
Rebecca T White
If you divorce prior to the issuance of the greencard you would no longer be a derivative and no longer be eligible for the greencard. You may have other immigration options of your own however.
Answered on Oct 14th, 2012 at 7:05 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If he is the principal applicant, he can ruin your chance to get green card before it is issued to you.
Answered on Oct 12th, 2012 at 9:52 AM
From your question I am assuming that your husband is getting his green card through his employer and you are in the I-485 process. If you divorced before the I-485 process is completed and the green card issued, you will become not eligible to complete the process because you no longer are the spouse of the primary beneficiary (your husband) of the approved I-140. You may be able to get the green card if the divorce is not final when the I-485 is approved. If you are in the Detroit area, I want to let you know that I am an immigration attorney and I also do divorces. I am AV rated and have been an attorney for more than 35 years. There are further issues to look at and you should consult an attorney that knows these issues and experienced in immigration law and divorce law.
Answered on Oct 12th, 2012 at 3:48 AM