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HOW DIVORCE CAN AFFECT YOUR GREEN CARD PETITION

This is immigration attorney, Abisha Parikh. and today im going to be talking about a complicated situation called divorce and annulment and how it affects the green card process. These are common questions i get everyday in my practice. So divorce, what do you need to know. Well, if you’re being sponsored by someone for an immigration benefit such as a green card, getting divorce is going to stop that from happening.  Lets say you’ve already got your green card, but you have a conditional card. Immigration is going to wonder why you’re getting divorced so quickly after you’ve received your green card, so its going to be a major red flag to them.  Timing can be crucial. you need to have 1) a reasonable explanation as to why you are separating 2)whether the two of you have gone through counseling and have tried to work it out. and also, 3) you need to account as to why you are leaving before the condition has been removed. These are typical grounds and you want to make sure that when you look at annulment paperwork that your spouse has not received an annulment based on fraud, because you are going to have a difficult time explaining to immigration that you did not marry him/her for a green card. So, always when there is annulment involved or has been commenced against your knowledge you need to talk to an immigration lawyer to determine whether or not anything can be done to reopen the case or what your legal options are. Similarly, another common issue that arises is whether the sponsoring spouse is financially responsible for the immigrant spouse even after the divorce, simply put the answer is yes, unless your case falls under an exception. People who get divorced soon after their green card may have immigration options. It is important to have your case evaluated by an attorney to figure out what the best legal option may be. “






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