Divorce

[utadax]

Dear friends,

I am an Asylee, granted Asylum June 2010. Eligible to apply for GC this coming June/July.
My wife & daughter entered US to join me last November. Their I730 have just been granted as i petitioned them. They were granted as Asylees Last Month. Applied for their SSN already too.

The question is:
My relationship with my wife isn't good anymore. We decided to be separate & to get divorced. Since we were married overseas 11 years ago. Can we just file a divorce locally? We are residing in Nevada. Will this divorce thing effect our GC application when our eligibility comes? After we get divorced, should we notify Social Security office or USCIS?
Sorry for asking to much.. but please i need some inputs. Thank you so much

 

[BigJoe5]

8 CFR § 209.2 Adjustment of status of alien granted asylum.

The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status.

(a) Eligibility. (1) Except as provided in paragraph (a)(2) or (a)(3) of this section, the status of any alien who has been granted asylum in the United States may be adjusted by USCIS to that of an alien lawfully admitted for permanent residence, provided the alien:

(i) Applies for such adjustment;

(ii) Has been physically present in the United States for at least one year after having been granted asylum;

(iii) Continues to be a refugee within the meaning of section 101(a)(42) of the Act, or is the spouse or child of a refugee; {Check with an immigration lawyer that KNOWS ASYLUM LAW before divorce. Your child will remain your child UNLESS she is a stepchild and then you would have to demonstrate a continuing relationship (see below).}

(iv) Has not been firmly resettled in any foreign country; and

(v) Is admissible to the United States as an immigrant under the Act at the time of examination for adjustment without regard to paragraphs (4), (5)(A), (5)(B), and (7)(A)(i) of section 212(a) of the Act, and (vi) has a refugee number available under section 207(a) of the Act.

If the application for adjustment filed under this part exceeds the refugee numbers available under section 207(a) of the Act for the fiscal year, a waiting list will be established on a priority basis by the date the application was properly filed.



Matter of MORALES, 25 I&N Dec. 186 (BIA 2010)

A stepparent who qualifies as a “parent” under section 101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2) (2006), at the time of the proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. § 1229b(b)(1)(D) (2006).

Matter of PORTILLO-GUTIERREZ, 25 I&N Dec. 148 (BIA 2009)

A stepchild who meets the definition of a “child” under section 101(b)(1)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. § 1229b(b)(1)(D) (2006).