Asked in Immigration Law for Kentucky

Q: My girlfriend has started divorce proceedings, but she obtained her green card through this marriage. Will she be deport

She obtained her perminate resident green card through her marriage but she has started divorce proceedings. She and her husband have been separated for quite sometime and she's ready to end her marriage with him. She and her husband also have two children together. They are US citizens living in Mexico with her Mother but she has been desperately working very hard to bring them into the US. I am concerned that once her divorce is final, she will be considered out of status and she'll be deported. What can we do to insure that she won't be deported after her divorce is final? If she and I were to marry after her divorce is final, will she be allowed to stay. She works a full time job. 12 hour shifts 5-6 days a week. She pays taxes and does not receive any gov benefits whatsoever. She doesn't deserve to be deported because her husband's inability to stay faithful.

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  • Immigration Law Lawyer
  • New York, NY

A: Most importantly- has she removed the condition on her green card? If not then she will have to file the I-751 with a waiver and as long as the marriage was real she should be OK.

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