I obtained my Lawful Permanent Recedency a month ago. My husband is threating me that he is going to file a DIVORCE against me without any fault. Does a DIVORCE can affect my Recedency Status? What are my legal rights over our child and his property owned? Thank you
2 Answers from Attorneys
You have several options. Even if your husband divorces you, you can maintain your green card provided there was no fraud at the inception. You will need an attorney to advise you. My offices handles such cases. Feel free to email me, firstname.lastname@example.org
To add to what Atty Sequeira has stated previously, you will still need to seek the advice of a Family Law attorney in your State, with regards to the child custody & property issues, under Alabama law.
As far as your U.S. residency goes, if you are a conditional resident, you will still have to file to remove the condition before you conditional residency expires. If you are not married at that time, USCIS will want to know what happened. Absent any fraud, USCIS can still remove the condition & you can achieve Permanent U.S. Legal Residency.
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