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Immigration Issues/Divorce with US Citizen



My friend obtained a temporary green card three weeks after her arrival in the US.

What will happen to her? Will she be able to apply herself for removing conditions of temporary permanent residency? During the examination of her application, can she apply for Advance Parole to go and visit her family outside the US?

Thank you very much.

Followup To

Question -

I have a friend married to a US citizen. She has been in the US for one year and half as a spouse of this US citizen. Now, her husband is filing a divorce petition against her.

1. Will she have to leave the US?

2. If she is allowed to stay in the US, when will she be eligible to apply for US citizenship?

3. At the present moment, she is very sad. Can she go back to her country to visit her family and return to the US without any problem?

Thank you for your help.

Answer -
You did not give enough details to really answer this question, but the process goes like this:

1.  Marriage to US citizen.
2.  US citizen petitions for alien spouse.
3.  Interview where US citizen must appear and support petiton.
4.  Visa issued with or without conditional status depending upon how long it took.

If the US citizens refuses to support the visa application, for whatever reason, the visa will be denied.  Once the visa is denied, the alien has a short amount of time to leave the country without negative consequences.

Sorry for the bad news, but best of luck.

The only real hope for her is to get the divorce and marry another US citizen.  Otherwise, if she stays in the US out of status more than 180 days without leaving, she will be barred from re-entry in the future.

I really doubt if she obtained a "temporary green card". I think what she obtained was a temporary work authorization. As such she does not have a visa.  Without a valid marriage supported by the US citizen spouse, I don't know how she can obtain the visa.

Unless she can find another visa, she will need to leave.

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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