Can my husband keep his green card? 12 Answers as of June 11, 2012

My husband has a 2 year green card, becuase we have not been married more than 2 years. We are now getting a divorce. Can he keep his green card? Also, we have a 6 month old baby. Can he get custody?

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Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
*Petition to Remove the Conditional Residency* While the Green Card has already been received, it is necessary to file what is known as the Petition to Remove the Conditional Residency. If this is not properly filed within 90 days before the expiration of the Conditional Green Card, the status will be automatically terminated. My office can file everything necessary to show that the marriage was bona-fide and that the USCIS should remove the condition in order to issue the permanent lawful permanent residency card. Please note that in some cases, even though the spouse does not want to help file the petition to remove the conditional residency, or there has been a divorce, it is still possible to get the Petition to Remove the Conditional Residency filed.
Answer Applies to: California
Replied: 6/11/2012
Universal Law Group, Inc. | Francis John Cowhig
With regards to your husband's immigration matter, the short answer is "probably", however it may prove to be an uphill battle convincing U.S.C.I.S. that the marriage was bona-fide when entered into. I would strongly suggest that he consult with an experienced immigration attorney and explain to the attorney all of the details concerning your marriage and pending divorce. With regards to your second question regarding custody, I would suggest that you consult with an experienced family law attorney.
Answer Applies to: California
Replied: 6/7/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
He will need to submit a petition to remove the conditional status within the required period of time before his current 2 yar green card expires. If you are already divorced at that time, he will need to do it on his own and submit sufficient documentation proving that the marriage was bona fide. If he is able to prevail in that argument, he will get a permanent green card.
Answer Applies to: California
Replied: 6/7/2012
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your husband must still file an I-751 himself and must be divorced before the Immigration Service can adjudicate the case. He should consult with an immigration attorney about his case.
Answer Applies to: California
Replied: 6/7/2012
Chaudhary Law Office, PLLC
Chaudhary Law Office, PLLC | Satveer S. Chaudhary
Yes, your husband can keep his green card by filing a waiver to the Removal of Conditions. The waiver is on the same form I-751 (Removal of Conditions), and must be filed before two years have passed since the green card's approval. Your husband still must show the marriage, which caused the original green card, was the result of a bona fide relationship. Yes your husband can still get custody depending on what is in the best interests of the baby. Custody takes two forms in Minnesota: legal and physical. Barring unique circumstances, and given the young age of your child, a common scenario for custody might be joint legal custody (sharing major life decisions such as medical care and education), and sole physical custody (the child's primary residence) to you, with reasonable parenting time allowed to the father. In the end, however, the court makes the final determination. So if you have unique concerns you may want to consult an attorney. Hope this helps and thanks again for writing.
Answer Applies to: Minnesota
Replied: 6/7/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    Sorry to hear you and your husband are contemplating divorce. When a divorce is completed, the foreign national spouse may file a petition to remove condition with a request for a waiver of the usual requirement that both spouses jointly file such a petition. In confirming the bona fide nature of the marriage, the USCIS can be expected to apply a high level of scrutiny when a marriage has not lasted long enough for the couple to jointly petition to remove the condition. Evidence that the couple had a child together is strong evidence of the bona fide nature of the marriage, and an immigration attorney could review all of the specific details applicable to your husband to advise about assembling a thorough set of documents.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Elkhalil Law Firm, LLC
    Elkhalil Law Firm, LLC | Hassan Elkhalil
    The custody issue is determined by either your mutual agreement or the court will determine custody. As to his green card, if the marriage was entered into in good faith and your husband can show that the marriage was entered into in good faith, he may be able to keep his green card.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    He can apply for his 10 year green card even in a divorce situation. Not sure about custody. That question needs to be sent to a family law attorney (not immigration).
    Answer Applies to: California
    Replied: 6/7/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your husband may be able to keep his green card. He will need to file for a waiver of the joint petition requirement. This is filed no sooner than 90 days from the date of his green card expiring. He will need to demonstrate his marriage to you was bona fide. If USCIS is satisfied the marriage was bona fide, he will be issued a permanent green card. If not, he will likely be placed in removal proceedings. As for whether he can get custody of your child, in most jurisdictions his immigration status alone is not a sufficient basis to prevent him from getting custody. A parent is entitled to seek custody of his or her child. You should speak to an experienced family law/matrimonial attorney where you live for more specific information regarding custody.
    Answer Applies to: New York
    Replied: 6/7/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    He can still apply to remove the conditions on his residency, but he must produce enough evidence to prove that you were married in good faith.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Law Office of Bijal Jani | Bijal Jani
    Since the green card is only for 2 years, I am presuming he got his green card based upon marriage to you, which is a conditional status. He needs to file the application to remove the conditional status. He can file the application on his own and state that he has a child with you. In order for him to get approved on the application, he will have to approve that he did not enter into the marriage with you for the purpose of getting a green card, but that this is a bona fide marriage which did not work out due to personal issues. Custody of the child is a different issue which would be addressed by Family Court.
    Answer Applies to: New York
    Replied: 6/7/2012
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