Will our divorce result in my husband being deported? 3 Answers as of March 28, 2011

My husband and were married in Aug. 2008. I am a US citizen he is not. Between June and August this year, we have to renew his green card. If we get divorced before he renews it, will he be deported? We have a 6-month-old baby and I don't know if that will factor into him getting a green card. I haven't filed papers for a divorce yet but am thinking of doing it soon.

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes, if you don't cosign with him his petition, he will.
Answer Applies to: Florida
Replied: 3/28/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If he does not file to remove his conditional status (Form I-751) his status will be terminated and he will be deported. If you are not divorced you can still file it together. If you are divorced he would have to qualify for a waiver of the joint filing requirement. You and he need to speak to an immigration attorney regarding his matter since it's complicated by situation.
Answer Applies to: California
Replied: 3/28/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you divorce then you cannot file jointly to remove the conditions off his green card (I-751). He can self petition the I-751 based on the divorce however; but harder to get approved than if you file jointly.
Answer Applies to: Florida
Replied: 3/28/2011
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