Separation Conditional Field License For Free

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Here's how a situation with a legal separation and conditional Green Card plays out: Since a legal separation doesn't effectively end the marriage, the couple are still married for immigration purposes. The non-U.S. citizen may still be able to get a permanent Green Card even though they are no longer living together.
USCIS will not take away your green card UNLESS it has solid evidence that your marriage is for immigration purposes. Your husband cannot take away your green card either unless he has solid evidence that your marriage is a sham marriage.
If you obtained your green card through marriage to a U.S. citizen or permanent resident, a divorce (or annulment) may pose a problem. The good news is that there is nothing in the law saying that, once you are divorced or your marriage is annulled, your efforts to get a green card are automatically over.
One of the most frequent questions I get is whether you can successfully obtain a green card through a marriage petition if you and your spouse aren't living together. The answer is yes. . . And no. You have the burden of proving that your marriage is based on a relationship that is genuine and bona fide.
In fact, you have to remain married up until you actually get your U.S. citizenship, and you have to be living with your spouse three years before filing your N-400 application to qualify on this early basis. However, you may still be eligible to file Form N-400 on the basis of five years as a permanent resident.
Your husband has no authority to deport you anytime he wants. Only the Department of Homeland Security can deport you. If you are here illegally and married to your husband and if he is a United States citizen, you don't need to depend on him to gain status in the US legally.
If you obtained your green card through marriage to a U.S. citizen or permanent resident, a divorce (or annulment) may pose a problem. The good news is that there is nothing in the law saying that, once you are divorced or your marriage is annulled, your efforts to get a green card are automatically over.
If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. However, the divorce may force you to wait longer to apply for naturalization. In this case, you would need to wait five years, rather than three.
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