Can she apply for a 10 year green card? 4 Answers as of May 20, 2011

A spouse of a U.S. citizen gives birth to a child outside of marriage. She is here as a permanent resident on a conditional green card that she received because she got married. If they file for divorce will that affect the conditions of the green card being lifted. Can she apply for the 10 year green card as a parent of the U.S. citizen child.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes it will affect whether she gets the 10-year card or not. She cannot file as the parent of a USC unless the USC is 21 or older. Whether she gets the 10-year card will depend on her explanation as to why her husband is not signing on to the I-751 application. Under the law, a good faith marriage is one that lasts at least 2 years. This is an arbitrary number picked by Congress but that is just the way it is. Good luck!
Answer Applies to: California
Replied: 5/20/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
If a conditional resident gets a divorce prior to removing conditions, the conditional resident has to file a waiver for the joint filing requirement on the I-751. It is highly recommended that this person consult an immigration attorney. There are requirements that she file a timely petition to remove conditions. The conditions can still be removed and she can still obtain a ten year green card, but she needs to understand her circumstances. If you have any questions, feel free to contact me.
Answer Applies to: Georgia
Replied: 5/20/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
It can affect how she applies but it is not a bar for her get the permanent residency. Her child would have to be over 21 to sponsor her.
Answer Applies to: Florida
Replied: 5/20/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
A waiver can be filed to lift the conditions. We need to show that there was a bona fide marriage.
Answer Applies to: Texas
Replied: 5/20/2011
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