If my friend married an American man who gave her a green card but he is guiltyof adultery and they divorced, is she still eligible to file for a her next green on her own?

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If my friend married an American man who gave her a green card but he is guiltyof adultery and they divorced, is she still eligible to file for a her next green on her own?

Next green card for 10 years.

Asked on December 15, 2011 under Immigration Law, Maryland

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 10 years ago | Contributor

If the condition on the green card has already been removed, your friend can renew her green card without any help from her former spouse.  If she is needing to remove her conditional status because the two-year anniversary of their wedding is coming up, then your friend will need to apply for a waiver based on divorce.  She will need to prove that the marriage was bona fide when it was entered into.


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