Chula Vista, CA asked in Immigration Law for California

Q: We are getting a divorce. How Can I get a greencard.

My american husband and I have been legally married 7 years. It has come up many times, but he has still not petitioned for my greencard . we have 3 kids together. we are now getting a divorce and because of it I have to go back to my country. How can I get a green card? Is there a way for divorcees to do it? Because of him not petitioning I've overstayed.

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1 Lawyer Answer
Nasir Khan
Nasir Khan
  • Immigration Law Lawyer
  • Murrieta, CA
  • Licensed in California

A: Hello there,

I'm terribly sorry to hear about your divorce. Your case sounds much like one I had last year, where the spouse was promised a green card, but one was never filed as a means of control. If that happens to be the case in your marriage, then you might qualify for various forms of relief. To discuss the full extent of what those might be, consider consulting with an experienced immigration attorney so that you can tell your story in it's entirety, and the attorney can then recommend your best course of action going forward.

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