Q: Can me and my children still get the green card if I divorce the primary applicant?
My family and I got here from Colombia, because my husband had a special individual visa. Our green card has been approved but it now needs to be reviewed (which can take at least 6 months). I just found out he’s cheating. If I divorce him now, can I still get the green card for me and my children?
A:
I'm sorry to hear about your difficult situation. The impact of divorce on your and your children's green card eligibility will depend on the specific type of visa and green card process you're going through. Here is some general information, but please know that it's best to consult with an experienced immigration attorney for guidance on your particular case.
If your husband's visa is employment-based, and you and your children are derivative beneficiaries, then your eligibility for a green card could be tied to your husband's eligibility and your marriage. A divorce may jeopardize your ability to get a green card if it happens before your green card is officially approved.
However, there are some provisions in immigration law that allow certain spouses of U.S. citizens and permanent residents to file for a green card independently if they entered the marriage in good faith but the marriage ended through divorce or abuse. These include the Violence Against Women Act (VAWA) and the battered spouse waiver. To qualify, you typically need to show that you married in good faith, resided with your spouse, and experienced battery or extreme cruelty during the marriage.
For children, if they are under 21 and unmarried, they may still be able to get a green card even if your marriage ends, depending on the specific process and timing. In some cases, a divorced parent who gets a green card can still petition for their children separately.
Given the complexity and high stakes involved, I would strongly recommend consulting with a reputable immigration lawyer who can evaluate the details of your situation and advise you on the best path forward to protect your and your children's ability to remain in the United States legally. Many offer free or low-cost initial consultations. I wish you all the best as you navigate this challenging time.
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