QUESTION

In August of 2009 my husband, a Turkish national and I American, married. He got his VISA as of August 2010 and then mid November recieved his Green-

Asked on Sep 06th, 2011 on Immigration - District of Columbia
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Card. Currently we are going through a divorce and I was curious as to know if he''ll be able to keep his VISA/GREENCARD after the divorce? His VISA expired 1 year after entry to the United States and I believe his Green Card is only good for two years...
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1 ANSWER

Immigration Law Attorney serving Cleveland, OH
3 Awards
Dear Amanda, Thank you for posting your question.  US Immigration laws dictate that if an alien applies for permanent residence through marriage to a US Citizen within two years of such marriage, that they would receive conditional permanent residence.  This is basically a green card valid for 2 years.  The US Citizen and such conditional permanent resident must jointly file an application to remove the conditions within the 90 day period immediately preceding the conditional permanent residence expiration.  So for example, if the permanent residence expires on December 31, the joint application (which must be signed by both spouses) must be filed anytime from October 1 to December 31.  The spouses are required to submit evidence that they continue to establish their lives together as man and wife and that their marriage was initially entered into in good faith.  If the marriage terminates within the conditional residence period, the alien becomes deportable immediately upon the termination of the marriage.  The law, however, affords the conditional residence an opportunity to file a waiver of the joint application to remove the conditions requirement by submitting an application containing evidence that the marriage was entered in good faith. In your case, you must be mindful of the consequences of terminating your marriage and its impact on your husband's immigration status.  I would suggest that you consult with an experienced immigration lawyer to make certain that your husband is not placed in jeopardy.  Please let me know if you have any additional questing and best of luck.  Gus M. Shihab, Esq The Law Firm of Shihab & Associates, Co., LPA gus@shihablawyers.com 877-479-4USA (4872) Free Consultation.  
Answered on Sep 21st, 2011 at 11:21 AM

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