How to have a condition removed from a green card?

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How to have a condition removed from a green card?

I am married to a US citizen and need to apply to have a condition removed from my green card. My husband has moved out for a year now but since we have a 3 year old we still keep in touch. We have not filed a divorce yet but he is not willing to apply for removal of the condition. Will I lose my status and my son? We have been together for 12 years but married only 3.5 years ago when we were expecting. My only fear is of loosing my son. I basically raised him all by my self and love him more than anything in this world. Is there a possibility that I will be deported without my child who is also a US citizen?

Asked on June 6, 2012 under Immigration Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue of deportation is mostly dependant on the condition on your green card. Do not mess around with this and attempt to handle it on your own. The fact you have been here for such a long time may help you but that will also depend on how long you have had the green card and what limitation is included. Do not wait. Immediately consult with an experienced immigration attorney (one who has experience dealing with immigration issues based on your home country and of course the issue of the condition). You may need to petition with Immigration to unilaterally have the condition removed and to see if you qualify for U.S. Citizenship since your son was born here.


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