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Daughter having a green card of USA can she extend it from India?


10-Dec-2023 (In Immigration Law)

Daughter was married in Bangalore 2 years back. Her husband was a green card holder and she also got the same. Her green card of USA is expiring on 11th December. She is also planning to divorce him. Can she extend her green card is she divorced? Can she do that from India itself?

Answers (1)

Answer #1
600 votes
This is an excellent question. Thank you for asking.

Yes, your daughter should be able to retain her Green Card if it can be proved that the marriage was a Bonafide Marriage and was not entered into just to obtain immigration benefits. She will have to file a Waiver Application for the removal of conditions on her conditional card if she is planning to get divorced. To add, for filing the waiver application your daughter need not be physically present in the United States; however, she will have to come to the United States if USCIS requires an interview. Note that interview does not takes place in all waiver application as it totally depends if the USCIS officer is satisfied with the documents submitted with the waiver application. Also, note that there is no defined time-line for filing the waiver application but it should be filed as soon as the final divorce order/judgment is issued.

Please schedule a consultation if you/your daughter may require my further assistance.

Good luck.

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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