QUESTION
Will I still be able to get my green card?
Asked on Apr 04th, 2017 on Immigration - New Jersey
More details to this question:
Hi I am a green card holder through marriage. I applied for the removal of conditions 14 months ago after my 2 year green card was coming to an end. The USCIS is processing applications that are few months after mine. I called them since my one year extantion expired and I had to get another year extension. They told me that the company that took my biomedics still did not provide a background check and that there is nothing that they can or will do. I was suppose to get a decision couple of months ago. The issue now is that my husband and I are on very bad terms and he is going to apply for a divorce any day now. How can this affect me? To sum up We filed the I-751 together and he signed it over 14 months ago but due to missing biomedics my case is still pending and he wants a divorce now.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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Even if your husband divorces you at this time and your case is still pending, U.S.C.I.S. would give you the opportunity to amend your I-751 to another category such as having been in a bona fide marriage which is now dissolved. You would notify U.S.C.I.S. of the development once you divorce, and U.S.C.I.S. would reclassify your case. You would not have to refile if your case is still pending.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 02nd, 2017 at 8:45 PM