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Immigration Issues/Divorce before Conditional Green Card converted to Permanent


Mr. Arora,

I married my USC husband in Feb 2011. I received my conditional green card in June 2011, valid for two years. Now, my husband and I are having marital difficulties. I want to understand my immigration status:
1. Can I need to convert my status to permanent green card without my husband's cooperation if we got divorced before the 90 day window for I-751 filing? What would I need to do this?
2. If I was able to convince my employer to sponsor me for a H1B visa, can I abandon the green card route and switch my status? Would I need to return to home country to apply for H1B? I am assuming this switch needs to happen before my green card expiration date.

Thanks for your help.

Dear RK:
Your question is addressed to Mr. Arora; however, as it comes to me I will try to answer it.
1) You may apply for removal of condition and get the permanent card by applying form I-751 with supporting documents showing that the marriage was entered into in good faith. You must file it within 90 days of expiration date.
2) You may abandon your GC and switch to H1B.  You may switch to H1B within the US as long as you have valid lawful status.  (Why would you want to do that when you can file for removal of condition on your own?)

However, I recommend that you consult and/or hire an immigration attorney on a retainer basis to provide on-going support as undoubtedly it will be needed since you are delving into a murky area of the law.

You may send us your details and we will be more than happy to assist you.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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