QUESTION

I have held my Green card since Aug / 2009, Lived in Hawaii more than half that time without breaking any Immigration rules my wife & I are planning

Asked on Jan 07th, 2014 on Immigration - Hawaii
More details to this question:
To divorce , will this have any bearing on my green card or ability to obtain citizenship , we have a child born in Hawaii in 2009
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1 ANSWER

Immigration Attorney serving Omaha, NE at Curley Immigration Law, PC LLO
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You did not mention how long you have been married or whether your wife sponsored you for your green card.  That information would be helpful in analyzing your situation.  Presuming that your wife sponsored you, divorcing at this point should not have a negative effect on your legal status.   If you were married for less than two years when you received your green card, it was conditional for two years.  You should have filed a form I-751 within 90 days of the expiration of your green card and then you would be issued a ten-year green card.  If you did not do this, and your green card has expired, then you should consult with an experience immigration attorney ASAP.   If you received a ten-year green card in 2009, then you do not have to worry that your legal status is in jeopardy if you and your wife divorce.  It will not affect your ability to naturalize either, but if you and your wife divorce, you will have to wait until you have been a permanent resident for 5 years before you apply.   Good luck to you. Mark J. Curley Curley Immigration Law, PC, LLO 8420 West Dodge Road, Suite 310 Omaha, NE  68114 402-733-8989 www.curleylawoffice.com     Find us on Facebook!  www.facebook.com/curleyimmigration Follow us on Twitter! @CurleyLaw 
Answered on Jan 07th, 2014 at 4:23 PM

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