2006-12-23 14:32:39 · 7 answers · asked by Anonymous in Politics & Government ➔ Immigration
it is possible to keep it under certain conditions, but normally you will lose it.
# You entered into a marriage in good faith, but the marriage was ended through divorce or annulment.
# You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse.
# The termination of your conditional resident status would cause extreme hardship to you.
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
* Your deportation or removal would result in extreme hardship
* You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
* You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.
What if I Am in Divorce Proceedings, But Am Not Yet Divorced?
If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith” exception. You may not file for the waiver until after your marriage has been terminated.
Please see Immigration Policy and Procedural Memoranda, memo dated April 10, 2003 for more specific information.
2006-12-23 15:18:32 · answer #1 · answered by crazydeb16 5 · 1⤊ 1⤋
Your mother can apply to remove the conditions on her own. IF she can prove she entered into the marriage sincerely, another words it was a genuine marriage, then she will not have any problems and can keep her green card. You can speak with an immigration attorney, as most give free or reduced consults.
2016-05-23 03:02:31 · answer #2 · answered by ? 4 · 0⤊ 0⤋
There are some conditions, such as spousal abuse, by which you can get a waiver of the two year marriage period. You need to see an attorney who specializes in immigration.
2006-12-23 15:10:56 · answer #3 · answered by Yak Rider 7 · 0⤊ 2⤋
I think this can void the person from getting the green card. Also,there is risk that it will be determined thst the marriage was for immigration purposes only.
2006-12-23 14:36:17 · answer #4 · answered by lynn c 2 · 0⤊ 2⤋
You might need to seek out an attorney to find out your rights.
http://www.hooyou.com/divorce/aftercgc.html
2006-12-23 14:38:42 · answer #5 · answered by Grandpa Shark 7 · 0⤊ 2⤋
I think it depends on how long you were married, and definitely get a lawyer.
2006-12-23 14:40:41 · answer #6 · answered by sno 3 · 0⤊ 2⤋
Why bother, just sneak in.
2006-12-23 14:57:47 · answer #7 · answered by Anonymous · 0⤊ 3⤋