QUESTION

If I get divorced will my green card be taken to the immigration?

Asked on Nov 15th, 2012 on Immigration - Michigan
More details to this question:
I got married in good faith to a citizen, she sponsored for my green card, if she wants to take divorce with me does my green card will be taken by immigration? Please advise me.
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6 ANSWERS

Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
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Generally not, but depending on what transpires I heard of many strange things happening by USCIS over the years. You may want to have your matrimonial attorney or yourself consult with an immigration attorney. It is usually worth the investment if it will save you money and aggravation in the future. Good luck.
Answered on Nov 20th, 2012 at 3:01 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. A lot will depend on how long you have been married, whether you have a conditional green card or permanent green card and whether you can prove that you entered into a valid marriage (not a sham marriage or a marriage solely to obtain immigration benefits) that just went bad. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 20th, 2012 at 2:30 AM

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Rebecca T White
You need to set a consultation with an immigration attorney to discuss your situation in a confidential setting. In general, if you can show the marriage was entered into in good faith you are likely to maintain your greencard after a divorce.
Answered on Nov 20th, 2012 at 2:20 AM

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If you received only a two year conditional green card through marriage, you will need to file an I-751 petition before it expires. You will need to prove the marriage was bona fide and if you are divorced USCIS will scrutinize the relationship. The divorce will not automatically terminate your lawful permanent resident status.
Answered on Nov 19th, 2012 at 11:00 PM

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It depends on whether you still have the conditional green card or the permanent one.
Answered on Nov 19th, 2012 at 10:09 PM

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If you already have your 2-year green card, you should be able to get your 10-year card. You will need to show that your marriage was real. You should see an attorney for help to document your case.
Answered on Nov 19th, 2012 at 10:07 PM

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