Green through divorce
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Green through divorce
My friend is in a very difficult situation. She has been married to an American citizen almost an year, a couple months ago he started to use drugs and got very addicted, when she found out he said he was getting help but just recently he started using again, lying to her and emotionally abusing her he just threatened to kill himself if she leave him, plus all the money that he took from her. She is depressed and mentally/emotionally exhausted. She is in her green card process, but she wants to leave him. Can she still get her green card, even if she divorce him? Is there anything specific for this situation that could help her?
Asked on September 21, 2016 under Immigration Law, Massachusetts
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Well for the initial green card, if she still has not gotten that, she really needs to stay married to him at least until getting it. There are some instances for victims of abuse to qualify but it does not sound like she is at that stage. Once she gets the green card, it will most likely be a conditional 2 year green card. At that point, she will need to see what she wants to do as far as her marriage is concerned and, perhaps, speak with a family law attorney and an immigration attorney as well as possibly seek therapy for her condition or counseling with her spouse. It is possible to get a waiver of the conditional green card even if the person is no longer married if they can prove to the satisfaction of USCIS that the marriage was bona fide at the time it was entered into and through its termination.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.