Charlotte, NC asked in Immigration Law for North Carolina

Q: If I divorce my husband would affect his permit in any way? Can he still renew it every year?

When I met my husband he was going through deportation. After talking to a lawyer he advised us if we were going to get married anyways to do it sooner than later. My husband was granted a permit to be here after the fact we were married. But now we're not sure if we get a divorce if it will affect the permit and anyway. We just want to make sure that he will still be able to renew it with us being divorced. Some people say it does not matter that he is married to me that that did not help the matter. That the permit was granted on other circumstances, due to his deportation.

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1 Lawyer Answer
Franchesco Donovan Fickey Martinez
Franchesco Donovan Fickey Martinez
  • Immigration Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If your husband has an attorney, it is best that you raise this concern with the attorney. Merely being in deportation does not give a permit. You need a basis for getting out of deportation and starting the path to lawful permanent residence (aka green card).

If the reason for the "Permit" is because of your marriage, then a divorce would remove eligibility. If a marriage was needed when you started the immigration filing, it would still be needed at the end of the filing. Losing eligibility during filing will lead to a denial. More facts are needed to properly evaluate your situation. You should speak with an immigration attorney. Respectfully.

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