Legal Question in Immigration Law in Maryland

Divorce/Immigration laws

Can a divorce affect you if you married someone to obtain citizenship. The marriage took place on 10/03. The immigrant received conditional residence status. In 1/07, he received the permanent resident card. Can this person divorce without any immigration problems?


Asked on 10/16/07, 11:25 am

2 Answers from Attorneys

Sabitiyu Abou Trye, Abou and Joseph

Re: Divorce/Immigration laws

That depends, US immigration laws requires that the marriage be entered into in good faith and not solely for the purpose of obtaining immigration benefits. I would advise the immigrant to consult with an immigration attorney. Our firm handles immigration matters, we can assist this individual.

Abby Abou

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Answered on 10/16/07, 2:11 pm
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: Divorce/Immigration laws

I'm not sure if I understand the facts clearly, but here's how these things work. If you were married for less than 2 years at the time you obtained permanent resident status, you will get "conditional" residence -- the condition being maintaining the marriage since that's what created the eligibility for permanent residence. If you were married 2 or more years when you got your green card, it should be an unconditional one.

If it's conditional, within 90 days of the second anniversary of obtaining permanent residence, you and your spouse must file a joint petition to remove the condition (Form I-751). If that's been done and the condition has been removed, divorce should not create any immigration problems.

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Answered on 10/16/07, 2:13 pm


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