 |
 |
GETTING A GREEN CARD THROUGH MARRIAGE,
EVEN IF YOU GET DIVORCED
by Michael J. Gurfinkel, Esq.
A Filipino woman recently confided to me that she
had married a U.S. citizen, who had later petitioned her for a
green card. Although she married for love, she is very unhappy,
felt trapped, and did not know what to do.
Her husband was very mean to her and to her children
(from a previous marriage). He yelled all the time, and threw
things around the house. He drank, took drugs, was lazy, and refused
to work. In fact, he expected her to work to support him, while
he stayed home watching T.V. on the couch. Although they had lived
as husband and wife in the same house since they were married,
he continually tortured her by saying that he would "confess"
to the INS, and make up a story that he had agreed to marry her,
just so she could get a green card.
She explained to me that she had truly married this
American out of love, and this was not a "marriage of convenience".
However, she just could not take being with this man anymore,
and feared for her own safety and the safety of her children.
Under immigration law, when a person marries an
American citizen, they are typically given "conditional"
permanent residence for a period of two years, if married for
less than two years. However, this conditional status can be terminated
within that two year period if: the couple gets divorced; the
INS determines that it was a "marriage of convenience";
or the alien does not file an application to remove the conditional
status of his or her permanent residence within the 90 day period
before the two year anniversary of the granting of that residence.
Although divorce can result in the termination of
an alien's conditional permanent residence status, the alien can
obtain a waiver (or exemption) in certain circumstances.
This means that even though there is a divorce, the alien would
still be entitled to a green card. The circumstances under which
this "waiver" would be available include: (1) The alien's
deportation would result in extreme hardship to him or her, (2)
the marriage was commenced in good faith, but was terminated,
and the alien was not at fault for failing to file the joint petition
to remove his/her "conditional" status, or (3) the marriage
was commenced in good faith, and during the marriage, the alien
spouse or child was battered by or was the subject of extreme
cruelty committed by his or her spouse, and the alien was not
at fault for failing to file the joint petition to remove the
conditional status of his/her green card.
The bottom line is that the INS will not force aliens
who are in horrible marriages to remain married just so that they
can get the green card. The INS, in the above circumstances, would
allow divorce, and also allow the alien to still be eligible for
a green card. If you are living in the same horrible conditions
as the woman I described above, you should see a reputable attorney,
who can analyze your situation, and advise you whether you would
qualify for waivers.
However, I must caution all of you: Just as I would
never advise, suggest, or encourage "marriages of convenience",
I also would not suggest that people enter into "divorces
of convenience" to obtain a green card. Just as in the case
of marriage, where the INS will closely analyze the legitimacy
of a marriage, the INS will also closely analyze the legitimacy
of your divorce and application for waiver.
Back
to Main
|
|
|
