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Please help me! Regarding I-751

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  • Please help me! Regarding I-751

    My friend entered a marriage with good faith but marriage was ended through divorce in less than 2 years. Therefore he filed I-751, waiver of joint petition, to remove his condition on green card but it was denied.

    According to the letter from USCIS, he filed I-751 based on determination of a good faith marriage through divorce. His I-751 application was denied because at the time of this submission, the divorce proceedings was not final yet. This decision may not be appealed, and he is now placed in removal proceedures. However, according to the letter, he can ask before an Immigration Judge to review this decision and may request a continuance of the removal proceedings until the he is eligible to file I-751. He needs to surrender his conditional green card, and his conditional resident status is ended concurrently. He is now waiting for a Notice to Appear from an IJ (Immigration Judge).

    Thank you again for reading, and my questions are the following:

    He was outside the U.S. when this letter was received (I am the authorized person to check his mails), therefore he was not able to surrender his green card right away. He will come back to the U.S. within one month of receiving this letter. But, when he comes back to the U.S., will he have any types of troubles getting in because of the whole thing?

    He has to wait for Notice to Appear in the U.S., but his resident status is ended concurrently. What status is he using now for staying in the U.S.?

    He is currently a college student. Can he continue school legaly even though his resident status is ended? If he continues school, is that illegal and what are the consequences?

    Will he be able to work in the U.S. legaly by any means?

    What are the odds that the IJ will grant his request of continuance of the removal proceedings until he is eligible to file I-751? By himself, or with a laywer?

    What would he have to go through after that?

    Finally, does anyone know any sources to find a good lawyer? and anyone know how much is the approx. average cost to hire a lawyer on his issue?



    Please Help!
    Thank you very much!

  • #2
    My friend entered a marriage with good faith but marriage was ended through divorce in less than 2 years. Therefore he filed I-751, waiver of joint petition, to remove his condition on green card but it was denied.

    According to the letter from USCIS, he filed I-751 based on determination of a good faith marriage through divorce. His I-751 application was denied because at the time of this submission, the divorce proceedings was not final yet. This decision may not be appealed, and he is now placed in removal proceedures. However, according to the letter, he can ask before an Immigration Judge to review this decision and may request a continuance of the removal proceedings until the he is eligible to file I-751. He needs to surrender his conditional green card, and his conditional resident status is ended concurrently. He is now waiting for a Notice to Appear from an IJ (Immigration Judge).

    Thank you again for reading, and my questions are the following:

    He was outside the U.S. when this letter was received (I am the authorized person to check his mails), therefore he was not able to surrender his green card right away. He will come back to the U.S. within one month of receiving this letter. But, when he comes back to the U.S., will he have any types of troubles getting in because of the whole thing?

    He has to wait for Notice to Appear in the U.S., but his resident status is ended concurrently. What status is he using now for staying in the U.S.?

    He is currently a college student. Can he continue school legaly even though his resident status is ended? If he continues school, is that illegal and what are the consequences?

    Will he be able to work in the U.S. legaly by any means?

    What are the odds that the IJ will grant his request of continuance of the removal proceedings until he is eligible to file I-751? By himself, or with a laywer?

    What would he have to go through after that?

    Finally, does anyone know any sources to find a good lawyer? and anyone know how much is the approx. average cost to hire a lawyer on his issue?



    Please Help!
    Thank you very much!

    Comment


    • #3
      Try www.aila.org for a lawyer. He'll need one as I doubt he'll be able to re-enter the US without status.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        I think the USCIS clearly says you can not file on waiver on I 751 if you are not divorced yet.

        So,the minute they saw,your "friend" is not divorced,they right away,denied it..since he applied on a waiver based on divorce,and in real the divorce did not even take place.

        There is a huge different between filing for divorce and actually being divorced.

        What did the letter of the USCIS exactly say why its denied?

        What proof did he sent that he actually was married and was living with her? ? ?

        Remember,if you are divorced,you have to sent proof of the divorce paper in your application.
        I just found that out myself.

        Comment


        • #5
          The letter said the denial was because the divorce proceeding is not final yet. Filing I-751 clearly requires the divorce proceeding is terminated. That is what the letter was about and the reason of denial. I believed my friend attached some divorce paper to the application and his lawyer sent out the application for him, along with proofs but I'm really not sure what exactly they are. But I believe his lawyer didn't know a **** what he was doing. Not long ago I found out it's okay that one's divorce is still in process when his/her conditional GC expires. He/her can just request a temporary GC until the divorce was final, then he/her will qualify to file I-751. He shouldn't have filed I-751 in the first place! I think the lawyer totally messed it up. My friend also didn't care to stay in U.S. very much because he was just so worn out by the whole divorce thing and his ex-wife, and also because of the budget. He just picked a local lawyer to talk to and it turned out that lawyer made everything even worse.

          Do you think he really will have trouble coming into the U.S.? He has a good reason to be outside the U.S. and he still needed to be physically in the U.S. since he needs to appear in an Immigration Court. What do you think?

          Can anyone answer/give advise to my other questions posted above?
          I will appreciate it a lot!

          Comment


          • #6
            Does anyone have any advise at all?

            I-751 denied due to divorce still in process. Will receive a Notice to Appear and is in removal proceedings. Can request IJ to review this decision and a continuance of the removal proceeding until qualify for I-751.

            Anyone suggest to hire a lawyer?

            What status is he using since I-751 was denied? Can he work or go to school?

            What are the odds judge will grant this request??

            YOUR HELP IS HIGLY APPRECIATED!!!!!

            Comment

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