Legal Question in Immigration Law in Wisconsin

immigration divorce

my wife and i are getting a divorce we got her green card but she is still in the 2 year conditional residency period. We had a child that was born in the US. Is she going to be able to keep her green card or is she going to loose it. Is there anything I have to do like notifing USCIS?


Asked on 10/05/07, 1:29 pm

2 Answers from Attorneys

Husna Alikhan Alikhan Law Office, LLC

Re: immigration divorce

When she applies to remove her conditions, it will be a self-petition. She will be required to present proof that she had entered into a "good faith marriage which ended in divorce." I strongly advise that your wife consult with an experienced immigration attorney before submitting her application to remove conditions [due within 90 days of the two year anniversary of her conditional green card.] The application and substantiating documentation have to be prepared in compliance with the waiver she is seeking.

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Answered on 10/06/07, 12:16 am
Shah Peerally Shah Peerally Law Group PC

Re: immigration divorce

If the case is well prepared your wife should have no problem in obtaining a waiver based on good faith marriage. However, waivers can be tricky namely because under a memo know as the April 10th memo, INA 216 and the Matter of Anderson, a divorce has to be finalized before you can proceed with the waiver. If an experienced immigration attorney who has previously worked on such cases take the case, they should be able to remove the conditional residence without an interview. Our office has successfully proceeded with VERY difficult I-751 (Removal of Conditional Cases)check the testimonials and articles on our website on www.peerallylaw.com on the matter.

Feel free to contact us for more information.

Good Luck to you.

Please note that the answer above is purely informational. You should not refrain or retain an attorney just based on this answer. Each case is different. Success in one case does not guarantee success in a similar other case.

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Answered on 10/06/07, 2:15 am


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