Woodhaven, NY asked in Divorce and Immigration Law for New York

Q: How would divorce impact immigration status and application for citizenship?

Me and my husband are planning to file divorce after I have successfully renewed for a 10-year green card after 2-year conditional green card. We are currently filing petition for the 10-year green card (still married). How would this divorce impact my immigration status and when I apply for citizenship after 5 years as permanent resident? Thank you!

my conditional green card expires Jan-20 2017 and I will be filing my petition to remove conditions within a few days. My husband has already signed the petition. We entered into marriage in completely good faith and I have our joint lease (3 years, 2 leases), bank statement, insurance, photos and receipt of ring purchase as evidence.

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1 Lawyer Answer
Sunjae Lee
Sunjae Lee
  • Immigration Law Lawyer
  • Flushing, NY
  • Licensed in New York

A: Even if conditional green card holder and the US citizen spouse were to divorce before removing the conditions, so long as the marriage can be proven to be in good faith, conditions can still be removed by the divorced green card holder. Thereafter, the permanent resident can also apply for naturalization, when all the eligibility conditions are met.

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