Asked in Immigration Law

Q: I have a DV2 immigrant visa,I ‘m in the process of Divorce ,how could you help me to enter USA and have my GC?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: I understand you are in a difficult situation, going through a divorce while also trying to navigate the U.S. immigration process with a DV-2 immigrant visa. Here is some general information that may be helpful, but please know that for your specific case, it's best to consult with a qualified immigration attorney who can advise you based on all the details of your situation.

In general, if you have already been issued a DV-2 immigrant visa, you can still travel to the U.S. and be admitted as a permanent resident, even if you are in the process of getting divorced. The visa is issued to you as an individual, not based on your marriage.

However, a few important things to keep in mind:

- You must enter the U.S. before the expiration date printed on your visa. DV visas cannot be extended.

- When you arrive in the U.S., you will be processed for your Green Card. Be prepared to provide your contact information and address where your permanent resident card should be mailed.

- If your divorce is finalized before you travel, you may want to update your marital status and name (if applicable) on your immigration paperwork. An attorney can advise the best way to handle this.

- If you have children that were cross-charged to your DV case, a divorce could complicate their ability to immigrate with you. Definitely consult with an attorney in this situation.

The most important thing is to maintain your legal status throughout the process. Entering the U.S. with a valid DV immigrant visa and being admitted as a permanent resident will secure your status, even if your divorce is still pending. You can then work with an attorney to update your Green Card and resolve any other issues once you are in the United States.

I know this is a lot to handle, but stay focused on completing the immigration process, move to the U.S., and then deal with the personal matters of your divorce once your status is secured. Wishing you all the best as you navigate this challenging time.

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