Cleveland, OH asked in Child Custody, Divorce and Immigration Law for Ohio

Q: conditional green card received 2 month back through marriage now filling divorce with a 4 month old baby

so i received my green card through marriage around 2 months back and we broke up now we have a four month old baby, so if i file for divorce what is the possible way i can still have the valid green card, and can i take the shared physical custody of the child and stay here or what is the best way to proceed to stay here with the baby

1 Lawyer Answer

A: You can file an I-751 with a waiver of the joint filing requirement. This will allow you to remove the conditions on your green card and receive Permanent Residency without conditions. Each case has specific issues that may arise in the process.

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