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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Divorce With a Conditional Green Card

    An immigrant married a U.S. citizen, and she and her son from a prior relationship both have conditional Green Cards. They may divorce. If they do divorce, can she stay in the U.S. and continue on a path toward naturalization, or will she and her son have to return to their nation of origin?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorce With a Conditional Green Card

    A conditional permanent resident (a person with a two-year Green Card) must file Form I-751 to remove the condition within the 90-day period before the person's conditional Green Card expires. If the person is divorced at that time then she should request a waiver of the joint filing requirements, and submit both an explanation of her circumstances and documentation that she entered into the marriage in good faith. If that is necessary, it is a very good idea for her to get help from an immigration lawyer.

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