Regarding Citizenship application

[NVC]

This is for a good friend of mine:

He got married to US Citizen. He was married to her for two years ( during the conditional GC period).
Then he applied for his permanent GC.
8 months before he got his permanent GC they had a divorce ( due to religious reasons, as her parents wanted him to convert and he was not ready for that).
Its been more than 5 years now and he is planning to apply for citizenship.

His lawyer told him that if he applies for his citizenship , his application will be denied and his GC will be revoked and he will have to leave US.

Can somebody shed some light on his options here ..
( I did advice him to take appointment with Rajiv Khanna and a few other lawyers and get several opinions ) ..but any response will be greatly appreciated.
Thanks ..
NVC

 

[ratrat]

Hi NVC

Check this out:

http://uscis.gov/graphics/howdoi/remcond.htm#late

It says you are eligible even if you are divorced i.e. "You entered into a marriage in good faith, but the marriage was ended through divorce or annulment."

So it seems like his permanent greencard is valid, but he might have some explaining to do with regards to why he got divorced.

Since he is applying under the 5 year rule he should be OK. I think you need to still be married to apply under the spouse 3 year rule.

I agree with you, I don't think he should proceed with this case without getting a good legal second opinion from another lawyer.

Ratrat