Immigration Law

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How are you Today? I have question about my resident ( card)

Customer Question
Hey, How are you...

Hey, How are you Today ? I have question about my resident (Green card)

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

I came to U.S with fiace visa and I got my green card (conditional resident ) for two years ,but my husband want to divorce So, what should I do for my conditional resident ? what options I have ?

Lawyer's Assistant: Have you talked to a lawyer about the visa?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I just want to know what are the options I have? and what are the steps ?

Submitted: 7 months ago.Category: Immigration Law
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Answered in 4 minutes by:
11/14/2017
Immigration Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,582
Experience: Private practice in several areas, including immigration
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. If he files for divorce but agrees to sign the I-751 release of conditional residence, then you can still get permanent residency. Even if there is a divorce (pending or finalized), provided he signs off on the I-751 and states via affidavit or in person at the interview that the marriage was valid and simply did not last, USCIS will normally push through the I-751.

If he refuses to sign off on the I-751 (and files for or finalizes the divorce), then you can still request a waiver of his signature and push through the I-751 yourself if you can show that:

-removal from US would be an extreme hardship;

-you entered into marriage in good faith but it simply did not last; or

-you were a battered spouse.

See HERE.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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