Legal Question in Immigration Law in New York

Conditionnal green card

if i m married to a us citizen and i m still having the conditionnal green card .... i ve got a baby with my husband but i want to divorce...

M question is, ifi divorce with my husband the fact of having a baby with my husband would be tooken into consideration to pass from conditionnal to the normal green card....or i will be deported with my baby cause my baby is citizen and i will never leeave i will take him in this case


Asked on 10/16/08, 4:42 pm

2 Answers from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: Conditionnal green card

The fact that you have a child with your husband is an important fact that would be considered in the adjudication of your I-751, Removal of Conditions. You should prepare a well documented waiver if you plan on being divorced prior to the expiration of your conditional green card and deadline to file the I-751.

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Answered on 10/16/08, 4:47 pm
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Re: Conditionnal green card

The residence could be terminated if Immigration Service determines that the marriage is established in order to procure the aliens entry as an immigrant. If the conditional resident cannot file a joint petition with the original petitioning spouse, for whatever reason, then she must file an application for a WAIVER of the joint petition requirement.

If the WAIVER is granted, the conditional resident has the conditions removed from her status, and she may remain as a permanent resident.

If you have additional questions, please contact us.

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Answered on 10/16/08, 5:25 pm


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