After divorcing a US citizen, can an immigrant stay in the US? 3 Answers as of November 10, 2010

I moved to the US by marrying a US citizen two years ago. Now we are getting a divorce, but I still want to stay here. Am I allowed to stay? How does the process work?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I assume, based upon your question, that you got an initial legal conditional residency visa based upon your marriage, which is to last two years, and then be upgraded to permanent legal residency by filing for a removal of conditions within 90 days before the running of two years with the visa. To avoid the notion that you committed fraud by marrying a U.S. citizen solely to get an immigration visa, you will need to make a statement with your application to remove conditions, where you show that you entered the marriage for love, but that your spouse created a situation that made continuing the marriage impossible. Appropriate document proof would be important, particularly statements by friends or important persons who know you. So it is possible for you to apply for removal of conditions, both prior or after the divorce without consent of your husband, but you have to be prepared to defend your actions. If you want to discuss the matter further for possible representation, feel free to e-mail or phone to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 11/10/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
If you already have a green card then you can stay. If you do not have a green card then you can stay only if you are a victim of domestic abuse. Contact my office for more detail
Answer Applies to: California
Replied: 11/5/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It depends on where in the process you are as far as your permanent residence is concerned. Do you have a green card? Is it still a conditional green card?

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/4/2010
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