QUESTION

How can I divorce a green card holder?

Asked on May 08th, 2012 on Immigration - Texas
More details to this question:
I got married to an illegal immigrant and sponsored him for citizenship. its our 2nd anniversary at the end of this month. My husband is into drugs and gambling and its affecting our financial stability. If i file for a divorce, will he get deported?
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4 ANSWERS

Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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The answer is that it is unlikely that any action you take will necessarily lead to your spouse's removal and deportation from the US. Sounds like your spouse was granted lawful permanent resident (LPR) status on a conditional status. What that means is that his LPR status is good for two years from the date of its approval. During the 90 day period before the expiration of his two year LPR status, he is required to file a Form I-751, Petition to Remove Condition on Residence, with CIS. There are 4 ways to file the I-751. It can be filed jointly by you and your spouse or it can be filed under one of three "waiver" categories. Choosing the proper I-751 depends on the client's situation. Because you and your spouse are having difficulty in the relationship, I would highly recommend that he seek the advice of an attorney who can provide the proper guidance on the right way to file the I-751. Truth is that divorce will not automatically terminate your spuse's conditional LPR status. But, divorce will throw some difficulties into the mix. And rather than attempt to explain all of the possibilities, I think it more important for your spouse to seek the advice of a knowledgeable attorney who can provide real experience in advising n the best route to be followed. Having seen my fair shard of these cases go bad because folks did not sit down with a lawyer, ask questions and understand the options available, I cannot suggest in any stronger terms that your spouse figure out what to do and how to do it. His green card will expire at the end of the two year conditional LPR status and it is exceedingly important that he do something before that green card expired. I am also concerned regarding th information that you provided about drugs and gambling and I would suggest that an honest and frank discussion with a professional legal service provider is the best way to go. Unfortunately, clients often attempt to BS their way thru these issues and hope that no one finds out. An open and honest discussion with any attorney looking to represent your spouse is important. Find a good attorney, we ar out there. Good luck.
Answered on May 14th, 2012 at 8:55 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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Not necessarily. But his behavior can.
Answered on May 14th, 2012 at 8:53 PM

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Immigration & Naturalization Attorney serving Olympia, WA at Seifert Law Offices PLLC
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If you file for divorce, you will end your relationship with him. There is no direct consequence that involves immigration. He might need help to determine what his options are, but for you you don't have any reason to worry about his immigration status. You are probably his sponsor on the I-864. Divorce does not change that fact. Good luck.
Answered on May 14th, 2012 at 8:25 PM

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You can divorce your husband at anytime you deem proper. However, if he only has a conditional green card that is valid for 2 years, he will be on his own when he applies to remove the conditions on his residency on Form I-751. If he has a green card that is valid for 10 years, then he probably will not have any problems with immigration.
Answered on May 14th, 2012 at 8:24 PM

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