Green through divorce

UPDATED: Sep 30, 2022

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Green through divorce

My friend is in a very difficult situation. She has been married to an American citizen almost an year, a couple months ago he started to use drugs and got very addicted, when she found out he said he was getting help but just recently he started using again, lying to her and emotionally abusing her he just threatened to kill himself if she leave him, plus all the money that he took from her. She is depressed and mentally/emotionally exhausted. She is in her green card process, but she wants to leave him. Can she still get her green card, even if she divorce him? Is there anything specific for this situation that could help her?

Asked on September 21, 2016 under Immigration Law, Massachusetts


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Well for the initial green card, if she still has not gotten that, she really needs to stay married to him at least until getting it.  There are some instances for victims of abuse to qualify but it does not sound like she is at that stage.  Once she gets the green card, it will most likely be a conditional 2 year green card.  At that point, she will need to see what she wants to do as far as her marriage is concerned and, perhaps, speak with a family law attorney and an immigration attorney as well as possibly seek therapy for her condition or counseling with her spouse.  It is possible to get a waiver of the conditional green card even if the person is no longer married if they can prove to the satisfaction of USCIS that the marriage was bona fide at the time it was entered into and through its termination.

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