QUESTION
If we get divorce can I apply for unconditional green card since my son is USC?
Asked on Dec 26th, 2012 on Immigration - California
More details to this question:
I have a conditional green card will expired in July 2013 and I have 5 months son me and my USC wife married since 2010 and now we think that we should divorce.
9 ANSWERS
You can apply for the removal of the conditional residence once you are legally divorced by showing that the marriage was bona fide at the time it was entered into and through its termination.
Answered on Jan 18th, 2013 at 12:58 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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As long as you can prove that the marriage was legitimate and not one based solely for the purpose of obtaining a green card, you should be alright.
Answered on Jan 03rd, 2013 at 12:56 PM
You will have to file a petition to remove the condition on your residence but must be formally divorced by the time the Immigration Service will make a decision on the petition.
Answered on Jan 03rd, 2013 at 12:56 PM
Rebecca T White
If you divorce while still a conditional green card holder, you will need to file an I-751 showing the marriage was entered into in good faith, or other limited reasons for the marriage ending. If I can be of further assistance please let me know.
Answered on Jan 03rd, 2013 at 12:55 PM
More information is needed about your marital relationship. Having a child together should help. However, I strongly recommend an appointment with a competent and experience immigration law firm like our office. This will allow enough time to ask enough questions to answer all of your concerns, so that you can make the best decision in your situation.
Answered on Jan 03rd, 2013 at 12:55 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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No but you can always apply for the 10 year green card on your own (even in a divorce situation). So it is OK to divorce. But you should consult with an experienced immigration lawyer first.
Answered on Jan 03rd, 2013 at 12:55 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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It would be better if your wife files I-751 to remove conditions within 90 days of your expiration date. But if she won't, you can still petition on your own and ask for a waiver, but only after your divorce.
Answered on Jan 02nd, 2013 at 3:57 PM
You son is too young to help you. But if your marriage was a real one and you have a son together, you should be able to get your 10 year green card.
Answered on Jan 02nd, 2013 at 3:56 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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You may self-petition to remove conditions on your permanent residency provided you meet one of the three waiver criteria - divorce, abuse, or hardship PLUS demonstration of a good faith marriage which having a child together certainly helps.
Answered on Jan 02nd, 2013 at 3:55 PM