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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108690
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Is the non-resident suppouse in divorce suit allowed to stay

Customer Question

is the non-resident suppouse in divorce suit allowed to stay in USA till it is pending?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What is the status of the principle and what is the status of the spouse?

Customer: replied 9 months ago.
principle us citizen suppouse non-immigrant but applied for immigration due to abuse which case is also pending in addition to divorce filed by prinicipal.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

If she has no green card and no other status, she is deportable from the U.S. Of course, if she is able to prove abuse and get the self-petition approved, then she could get a green card. As to your specific question, a pending divorce would not stop USCIS from processing a deportation. Having a pending I-485 would also allow her to be in a stay authorized by the Attorney General.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!