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A spouse of a U.S. citizen gives birth to a child outside of marriage. She is here as a permanent resident on a conditional green card that she received because she got married. If they file for divorce will that affect the conditions of the green card being lifted. Can she apply for the 10 year green card as a parent of the U.S. citizen child.
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If a conditional resident gets a divorce prior to removing conditions, the conditional resident has to file a waiver for the joint filing requirement on the I-751. It is highly recommended that this person consult an immigration attorney. There are requirements that she file a timely petition to remove conditions. The conditions can still be removed and she can still obtain a ten year green card, but she needs to understand her circumstances. If you have any questions, feel free to contact me.
Answered on May 20th, 2011 at 9:28 AM
A waiver can be filed to lift the conditions. We need to show that there was a bona fide marriage.
Answered on May 20th, 2011 at 8:43 AM