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Dear Sophie: Possible to still get through I-751 and citizenship after divorce?

Sophie Alcorn


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Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Time in California for Entrepreneur Immigration Services.” She connects beings with the businesses and opportunities that expand their lives.

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Here’s another volume of” Dear Sophie ,” the advice column that rebuts immigration-related questions about working at technology companies.

” Your questions are vital to the spread of learning that allows people all over all countries of the world to rise above metes and pursue their dreams ,” says Sophie Alcorn, a Silicon Valley in-migration attorney.” Whether you’re in beings ops, a founder or aiming a responsibility in Silicon Valley, I would love to answer your questions in my next article .”

” Dear Sophie” columns are accessible for Extra Crunch readers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.

Dear Sophie 😛 TAGEND

I is currently working on a tech busines, married a U.S. citizen two years ago and got a two-year green card. The tie-in led south and I needed to leave to protect two daughters and me. I want to get divorced, but is impossible to prevent our green cards?

Will we be able to apply for U.S. citizenship?

— Hopeful in Hayward

Dear Hopeful,

Thank you for reaching out and sharing the history of your daring to do the right thing for yourself and your child. Good news — U.S. immigration laws have been designed to protect individuals who have been subject to misuse or extreme cruelty, which is not limited to physical mischief but can also include feeling ill-treatment. So, yes, you and your daughter can apply for a permanent green card even if you divorce your U.S.-citizen marriage. And yes, you can also apply for U.S. citizenship when you will be able. My law partner, Anita Koumriqian, and I discuss the naturalization and citizenship process in more detail in this podcast.

You will need to file a petition( Form I-7 51) with U.S. Citizenship and Immigration Business( USCIS) to seek to have the conditions on your and your daughter’s two-year conditional green card removed. Generally, individuals with a conditional green card must file a application within 90 daylights of when the conditional card is set to expire. However, an abused spouse or the mother of an abused child can register this application at any time. I recommend consulting with an experienced immigration lawyer before filing this application. You will be allowed to have your advocate go with you to the USCIS interview that will be required as part of this process.

Conditional green cards cannot be revived. Souls who fail to file a petition to remove the conditions run the risk of being acquitted. Once the conditions are removed, a green card will be valid for 10 times. This process can involve extensive documentation and the possibility of attending an in-person interview. One of the reasons that it’s important to speak to an in-migration advocate about this process, especially in California, is because divorce can take at least six months and the timing of the legal processes can affect the outcome of your green card.

Down the road, when the time comes for citizenship, here are the requirements to apply for the naturalization process. You must have:

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