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.

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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
  • Milwaukee, WI
  • 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

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