If I divorce my wife who has a green card, will she get deported?

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If I divorce my wife who has a green card, will she get deported?

I’m concerned because we just had a baby over a month ago. She entered the US last year.

Asked on March 13, 2013 under Immigration Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

While it is true that foreign nationals have to worry a bit more when a divorce comes their way in a marriage, if the marriage was entered into with a genuine desire and intent for a marital relationship, the Board of Immigration Appeals (BIA) has held that subsequent failure is not necessarily a reason for USCIS to deny the petition to become a US Citizen.  It seems that your situation was intended to be permanent since you have had a child.  The child is a US citizen.  I think that she will be fine.   


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