QUESTION
Will my son lose his green card because of his divorce?
Asked on Jul 25th, 2017 on Immigration - New York
More details to this question:
My son got married at least 3 years ago, and he has a 3 year old child with his wife. They didn’t start the paper work right away because his wife wasn’t a citizen yet, but once she got it, they did now she wants to divorce him, but they didn’t have. They didn’t have the first interview yet even though it is already a year since they started t he immigration process.
2 ANSWERS
I am sorry to learn about the trouble with your son's marriage. If appropriate, I hope the couple may get marriage counseling to try to resuscitate the marriage even if just for the benefit of your grandchild. If your son and his wife no longer are living together and are contemplating divorce, it still may be possible for your son to succeed with immigration, although obviously the matter will be more complex and will require persuading the USCIS that the marriage was valid when entered notwithstanding that it ultimately failed or is failing. It would be wise for your son to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain his goals, and who then could offer legal representation in the often complex application process.
Answered on Oct 05th, 2017 at 5:32 PM
If no paperwork was filed for him or there was no first interview, it is likely that he will not be able to become a green card holder based on marriage to his current US citizen spouse.
Answered on Oct 05th, 2017 at 5:32 PM