What to do if my sister is going through a divorce her husband has an expired green card?

He was told if he tries to renew he could be denied because of criminal activity. My sister knew nothing about all of this prior to the short marriage of less than a year. Since she is technically still married but legal divorce papers have been served, can he still use her as his spouse to try to gain legal residency?

Asked on March 10, 2013 under Immigration Law, Florida


Byron Mobley / The Law Office of Byron Mobley

Answered 7 years ago | Contributor

If he has already adjusted status then he has gained legal residency.  While the basis for his residency was the marriage once he has completed the adjustment procesthis no longer matters - he is on his own.   

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