Legal Question in Immigration Law in New York

i have been married for 3yrs and i have a pending case with immigration on marriage basis , i just received a interview call letter from immigartion but me and my wife are goin through a divorce right now which makes it impossible for me to go to interview with her , is there any other way through which i can get legal status baaed on my marriage with her


Asked on 8/10/09, 11:07 am

4 Answers from Attorneys
Luba Smal Smal Immigration Law Office

No, unfortunately, you cannot obtain a green card without your wife's presence at the interview. When you divorce your US citizen wife/petitioner, you will lose eligibility for a marriage-based green card.

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Answered on 8/15/09, 3:02 pm
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

If you are victim of abusive relationship,green card could be self petitioned.

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Answered on 8/15/09, 11:14 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

Depends on the circumstances of your divorce, there might be a way if you were a victim of abusive relationships.

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Answered on 8/17/09, 12:20 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

I do not know the circumstance of the breakdown of your marriage, but the answer is no. Did you and your wife part in a bad way? Were you abused by your spouse?

If you were getting your legal status in the US based on your marriage and the marriage is over then the immigration service may have to say NO.

Patricia Martin-Gibbons

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Answered on 8/18/09, 3:26 pm


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