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Gren card application pending but divorce filed. pl. help

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  • Gren card application pending but divorce filed. pl. help

    My sister is living in USA on H4 visa since she is married to a person holding H1B visa. Her husband has also applied for a green card based on which she has got the Emloyent authorization Document (EAD), allowing her to work in US. However, her husband has filed for dissolution of marriage now and therefore her EAD may be cancelled in some time. She does not even have the green card application status and ven if she is granted teh green card during the period in which the court proceedings are in proress, she has no means of knowing it.
    I wish to know the following:

    1. Can her husband keep her green card and do not disclose it to her?
    2. Can she be a permamnent resident after divorce, if she gets the green card before divorce?
    3. Can her husband withdraw only her green card application and get her EAD cancelled during the period that the divorce proceedings are in the court?
    4. CAn she get some protection from getting her EAD cancelled?
    5. If her EAD is cancelled, she will be on H4 visa and therefore will not be able to work. In such a case can she get any temporary work permit to sustain herself during the proceedings of the divorce case?
    6. CAn her prospctive employer file fr some visa like H1B for her? Are there any other visas which she/her employer can apply for?
    7. Is there a way to find out her green card application number?

    I know it is a long list but relies to any of the queries shall be appreciated.

  • #2
    1. Can her husband keep her green card and do not disclose it to her? He can do whatever he wants.
    2. Can she be a permamnent resident after divorce, if she gets the green card before divorce? If the GC is granted before the divorce, then it is invalid. If it is approved AFTER the divorce, then she can remain a permanent resident.
    3. Can her husband withdraw only her green card application and get her EAD cancelled during the period that the divorce proceedings are in the court? No. He can not withdraw anything.
    4. CAn she get some protection from getting her EAD cancelled? It can not be canceled, only expire when its due.
    5. If her EAD is cancelled, she will be on H4 visa and therefore will not be able to work. In such a case can she get any temporary work permit to sustain herself during the proceedings of the divorce case? She can not fall back to H4.
    6. CAn her prospctive employer file fr some visa like H1B for her? Are there any other visas which she/her employer can apply for? I would advise against this. Go home first and do such things from your consulate.
    7. Is there a way to find out her green card application number? Ask the husband.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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