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

Q: 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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1 Lawyer Answer
Stanley Dale Radtke
Stanley Dale Radtke
  • Immigration Law Lawyer
  • San Leandro, CA

A: If you have successfully removed your conditional residency and obtained your "10-year" green card, then any subsequent divorce will not effect your immigration status.

Now, your husband can say anything he likes to immigration to try in order to try and harm your status, but if he lies and commits perjury, then he could be prosecuted for criminal charges related to such perjury.

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