Legal Question in Immigration Law in California

Re: Divorce & EAD stage

Yes - your cousin is vulnerable. If she were to advise the government, they might even wish to keep her from getting the green card. She'd be stepping into a quagmire if she advised them. At the same time, she cannot legally have a green card and be divorced near in time to the approval, even after in my opinion. This won't come up now and everything will seem fine, but later on, years down the line what she does now could come back to haunt her.

She definitely needs legal advice because she might even end up back home if she's not careful.

Contact me off line for more info.

Sincerely,

Alice Yardum-Hunter, Attorney at Law

[email protected]

Re: Divorce & EAD stage

This is not an easy question to solve so quickly. If her husband is being sponsored by an employer, she is a derivative beneficiary. If he gets his green card, as his wife, she will obtain hers. Since the I-485 is dependent on the I-140, he would have to advise immigration that he is no longer married -- and he is still married. This is not the same situation as a marriage petition where the beneficiary is being sponsored by the spouse. I would be cautious. She should contact an immigration attorney right away; she may lose her green card eligibility. On the other hand, why is she getting the divorce -- do we have a spousal abuse issue here or is she simply tired and fed up. Well, she may have problems so she has choices she must make. He is the beneficiary of the employer's petition, so he gets his card whether married or not. She may not be as lucky. She should consult with counsel in CA immediately.