Legal Separation and 485 Dillema


Recommended Posts

One of my friends is going through a legal separation with divorce option on the table in the future. She is currently with a pending 485 with EAD/AP (India PD: June 2004) on her ex-spouse's green card process.

What are the options to keep her immigration process going on to live along with her kids? There are options on getting back on H1 or F1 Visa status , but is there any legal provision that will help her to keep 485 processing.

Any insight will be greatly appreciated

Link to comment

The spousal relationship must continue (legal relationship, not the interpersonal relationship) in order to be eligible for the derivative adjustment of status.

The legal separation generally also terminates eligibility for derivative adjustment, but that is more complicated.

The friend should set a consultation with us to discuss the options.

Link to comment


This topic is now archived and is closed to further replies.