If I divorce my wife who has a green card, will she get deported?
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If I divorce my wife who has a green card, will she get deported?
I’m concerned because we just had a baby over a month ago. She entered the US last year.
Asked on March 13, 2013 under Immigration Law, Nevada
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
While it is true that foreign nationals have to worry a bit more when a divorce comes their way in a marriage, if the marriage was entered into with a genuine desire and intent for a marital relationship, the Board of Immigration Appeals (BIA) has held that subsequent failure is not necessarily a reason for USCIS to deny the petition to become a US Citizen. It seems that your situation was intended to be permanent since you have had a child. The child is a US citizen. I think that she will be fine.
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