California  |  Immigration Law

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3/28/05, 3:59 pm

Legal Question


If a temp Green Card Holder Divorces, will she be deported?

Hi,

I have a very good friend that has been in the U.S. for about 2 years, and is very unhappy with her marrige. Due primarily to neglect and infedelity, she wants to file for divorce, but fears that she will need to leave the U.S. once she does so.

My understanding on Immigration policy is that if she is not here for at least 3 years, she will not be able to apply for permanent residence Green Card.

Is there any way that she can divorce her spouse and not be forced to return to her home country? What options are open to someone in this situation, if any?

The ideal situation would be for her to leave this marrige and still be able to stay in the U.S.

Any advice would be greatly appreciated.


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