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My husband has a 2 year green card, becuase we have not been married more than 2 years. We are now getting a divorce. Can he keep his green card? Also, we have a 6 month old baby. Can he get custody?
9 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*Petition to Remove the Conditional Residency* While the Green Card has already been received, it is necessary to file what is known as the Petition to Remove the Conditional Residency. If this is not properly filed within 90 days before the expiration of the Conditional Green Card, the status will be automatically terminated. My office can file everything necessary to show that the marriage was bona-fide and that the USCIS should remove the condition in order to issue the permanent lawful permanent residency card. Please note that in some cases, even though the spouse does not want to help file the petition to remove the conditional residency, or there has been a divorce, it is still possible to get the Petition to Remove the Conditional Residency filed.
Answered on Jun 11th, 2012 at 3:33 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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With regards to your husband's immigration matter, the short answer is "probably", however it may prove to be an uphill battle convincing U.S.C.I.S. that the marriage was bona-fide when entered into. I would strongly suggest that he consult with an experienced immigration attorney and explain to the attorney all of the details concerning your marriage and pending divorce. With regards to your second question regarding custody, I would suggest that you consult with an experienced family law attorney.
Answered on Jun 07th, 2012 at 3:49 PM
He will need to submit a petition to remove the conditional status within the required period of time before his current 2 yar green card expires. If you are already divorced at that time, he will need to do it on his own and submit sufficient documentation proving that the marriage was bona fide. If he is able to prevail in that argument, he will get a permanent green card.
Answered on Jun 07th, 2012 at 1:42 AM
Your husband must still file an I-751 himself and must be divorced before the Immigration Service can adjudicate the case. He should consult with an immigration attorney about his case.
Answered on Jun 07th, 2012 at 12:33 AM
Sorry to hear you and your husband are contemplating divorce. When a divorce is completed, the foreign national spouse may file a petition to remove condition with a request for a waiver of the usual requirement that both spouses jointly file such a petition. In confirming the bona fide nature of the marriage, the USCIS can be expected to apply a high level of scrutiny when a marriage has not lasted long enough for the couple to jointly petition to remove the condition. Evidence that the couple had a child together is strong evidence of the bona fide nature of the marriage, and an immigration attorney could review all of the specific details applicable to your husband to advise about assembling a thorough set of documents.
Answered on Jun 07th, 2012 at 12:29 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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He can apply for his 10 year green card even in a divorce situation. Not sure about custody. That question needs to be sent to a family law attorney (not immigration).
Answered on Jun 07th, 2012 at 12:28 AM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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The custody issue is determined by either your mutual agreement or the court will determine custody. As to his green card, if the marriage was entered into in good faith and your husband can show that the marriage was entered into in good faith, he may be able to keep his green card.
Answered on Jun 07th, 2012 at 12:27 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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He can still apply to remove the conditions on his residency, but he must produce enough evidence to prove that you were married in good faith.
Answered on Jun 07th, 2012 at 12:25 AM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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Since the green card is only for 2 years, I am presuming he got his green card based upon marriage to you, which is a conditional status. He needs to file the application to remove the conditional status. He can file the application on his own and state that he has a child with you. In order for him to get approved on the application, he will have to approve that he did not enter into the marriage with you for the purpose of getting a green card, but that this is a bona fide marriage which did not work out due to personal issues. Custody of the child is a different issue which would be addressed by Family Court.
Answered on Jun 07th, 2012 at 12:21 AM