Legal Question in Immigration Law in Florida

Hi, I'm getting divorce, and my immigration appoiment for green card is the 11 of september, Hes not attending to this interview with me, I would like to know if theres something I can do to get my green card in this situation?


Asked on 8/25/09, 11:30 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

It's not very likely that you will be able to obtain permanent residency/Green card through this marriage because of the separation and divorce.

If your US citizen husband does not attend adjustment of status interview with you, you are likely going to be denied and placed into deportation/removal proceedings.

It's advisable to consult a good immigration lawyer ASAP and see if there are any other options for you.

Web: http://www.law-visa-usa.com

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Answered on 8/25/09, 11:40 am
Michael Harris Law Offices of Kravitz and Guerra, P.A.

It really depends. Is this your first green card from the marriage? That is, if you already have a conditional green card, then there still may be options.

But, if this is your first green card, then if you are divorced at the time of your interview, you may not be able to be approved. Even if you are not divorced, if the marriage is not intact there may be problems. Your husband was probably called to appear at the interview as well. If you are not able to prove that the marriage was entered into for love and affection, and without your husband there, you may have difficulty.

Alternatively, there are protections for spouses of U.S. citizens in cases of abuse. If you feel that this may apply to you, there are specific steps to take.

Should you have further questions, please feel free to email me.

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Answered on 8/25/09, 11:46 am


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