Cambridge, MA asked in Immigration Law for Massachusetts

Q: Could I face issues while renewing 10yr E19 GC, if I get divorced before 2 yrs of receiving it? I had a 10 yr+ marriage

I'm an Indian citizen holding an E19 Green Card that was issued in Aug '20. I separated from my husband around July '21 due to irreparable issues in the marriage. We both want to apply for a mutual divorce by Nov, '21. The green card is a 10-yr one. My marriage has been of 10.5 yrs (I was married in May, '11). My husband is also an Indian citizen, holding his E18 Green Card now. We both have been on L1 & L2 visas respectively since our wedding in 2011 up until Aug, '20. We have no children but have a house together that we paid for equally. I personally have had been holder of L1 & B1 visas myself for years before my marriage and lived in the US on those visas.

Question is: Could I be facing issues in the future while applying for renewal of GC or applying for US citizenship, if I apply for divorce in Nov '21 or do I have to wait till Aug '22 to complete 2 yrs of receiving the card?

Thanking in anticipation for the help,

Sunetra

Related Topics:
2 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: As the spouse of a priority worker you derive your status from his status. You indirectly received your LPR status through marriage. There may be questions regarding whether the marriage was a legitimate marriage. However, given the length of your marriage it is unlikely. If asked, it sounds like you will have no problem providing sufficient documentation to support a legitimate matriage.

1 user found this answer helpful

Giselle M. Rodriguez
Giselle M. Rodriguez
PREMIUM
Answered
  • Immigration Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Dear Sunetra,

If I understood your question correctly and based on what you have described, because you currently do not have conditional permanent residence (a Green Card valid for 2 years), it is unlikely that you will face problems when applying for green card renewal or applying for U.S. Citizenship.

If you had a conditional permanent resident card, that might be a different scenario, but it does not seem like that is the case in your situation.

I would recommend setting up a consultation with an immigration attorney to further explore this topic.

Hope this helps!

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.