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Old 01-02-2008, 03:01 PM   #2 (permalink)
JustJess
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Location: Kittyville
She needs a lawyer, and a good one - not some idiot working out of his kitchen who "also does immigration". Pony up for a good lawyer, it's worth it. There are some circumstances in which she can file and be able to stay on the perm res card without him, but she'll need to investigate it. Does she HAVE the actual green card already, or is it still in process? Does she have her EAD and Advanced Parole yet if not the green card?

Also, there are other visas and pathways if the green card was contingent on her marriage. But don't worry about these pathways yet until she gets more info on leaving the marriage. It is possible, but as is often the case, it depends on her specific circumstances. If he's abusive etc, that matters. Plus, her kids are US citizens, so they generally try not to break that up.
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