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

Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January 2020) though we were fine 2 months before(October 2020) when he went to GC interview with me earlier October 2020. If I get divorced before the 6 months time of my GC interview which was in October 2020, can he claim me for immigration fraud? or use the claim of marriage irretrievably broken for 6 months in divorce against me in immigration to claim I lied at interview? or what else harm can he do my immigration status or my green card being revoked or get me deported if there is any possibility. Please please please help!

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Clifton, NJ

A: This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography anymore in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Kevin Abessi
Kevin Abessi
  • Immigration Law Lawyer
  • Franklin Lakes, NJ
  • Licensed in New York

A: The answer to your question may come down to the extent to which each party is acting in good faith or bad faith. While it is impossible for an attorney to give you a fully confident answer based on the limited facts, if you have behaved in an honest fashion with respect to this marriage, and your husband has, for example, been abusive or has otherwise created a hardship for you, then you should be on solid legal footing. Of course, your husband may spitefully lie to authorities as far as your motives go. However, if you can successfully overcome those lies, then his tactics could actually backfire against him and give you a significant advantage in the divorce process. Again, it would be irresponsible to give you an answer here without more context regarding your green card, the marriage, the circumstances leading up to the divorce, etc. But if you have been acting as sincere, honest, and upstanding individual all this time, then there's little reason to believe that you would run into trouble with USCIS authorities who are appropriately applying agency rules and guidelines. Character goes a long way in these matters.

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