Asked in Immigration Law for Illinois

Q: I’ve been married for 3 years and filed form i751 in July. If I file divorce now can I still get my 10 year green card

I did not get my 10 year green card yet but they gave me a 24 month extension.

Related Topics:
3 Lawyer Answers
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: It seems as if you filed a joint application for the removal of conditions. That means you and your spouse put the documents in and so now if you file for divorce other documents and information is needed. You should talk immediately with a lawyer to understand all that is needed.

1 user found this answer helpful

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: More information is needed. The current condition of this marriage, among other unknown facts, can complicate matters. You really need to decide whether you value your lawful status and the need for legal assistance.

When your relationship has ended, or is ending, the USCIS will expect an update. If an interview is scheduled, and your spouse refuses to attend, among other complications, your conditional status can be terminated. That means you can be referred to immigration court for deportation.

Not only the filing for divorce, but the current status of the marriage should be evaluated by a competent and experienced immigration attorney before there are any other complications.

Agnes Jury agrees with this answer

1 user found this answer helpful

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL
  • Licensed in Illinois

A: No.

You have to amend your present application if you divorce as filing unilaterally on your own because at the interview you will be required to come with your spouse, if you do not come with your spouse then your application should be amended to filing unilaterally since you were divorce BS with me Isa just you discuss your legal strategy with a Immigration Attorney.

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.