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  • removal of conditional GC

    Hi everyone!

    I'll be applying for removal of conditional green card in May, this year. The problem is, though, I have a pending divorce which is likely to be final by February, this year.
    I called a catholic charity for help to apply for removal of conditional GC, and a person told me over the phone that once I get divorced, I no longer have a case, that is, I'll lose my status as a conditional GC holder.
    I was surprised because that's in opposition to what I've been told so far about applying for conditional GC removal.
    Any feedback on that will be appreciated.
    Thanks!

  • #2
    Hi everyone!

    I'll be applying for removal of conditional green card in May, this year. The problem is, though, I have a pending divorce which is likely to be final by February, this year.
    I called a catholic charity for help to apply for removal of conditional GC, and a person told me over the phone that once I get divorced, I no longer have a case, that is, I'll lose my status as a conditional GC holder.
    I was surprised because that's in opposition to what I've been told so far about applying for conditional GC removal.
    Any feedback on that will be appreciated.
    Thanks!

    Comment


    • #3
      ALL TOGETHER NOW !!
      "Just apply for the waiver of removal of conditions based on divorce" There are literally thousands upon thousands of cases on this board where they have been successful; it is easy to defraud America

      Comment


      • #4
        Thanks, Lolita!

        Yes, as far as I know, I can and will apply for removal of conditional GC when the time comes May-2006).
        Actually, I may be elegible to apply for removal of conditional GC under the battered spouse status.
        I've checked the link about "Removal of Condition" and except for one item(prove that deportation would cause extreme hardship for me), it's most likely that I qualify to apply as a battered spouse.
        I just needed some clarification on how to do that.
        I would be glad if somebody in this discussion board would be able to refer me to any place in California where I can get legal/immigration help on applying for condition removal.
        Note: I cannot afford regular attorneys fees.
        Any feedback will be highly appreciated.

        Comment


        • #5
          An alien can self-petition (waive the joint filing requirement)to remove the conditions as soon as a divorce decree is available. You do not have to wait until May if your divorce is final in February. Good luck.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            Mrs. Lonely heart the best is to apply as a bona fide marriage. You should have some strong evidence that you guys married for love and all the bank statements, tax, leases... if in fact you were abused badly that is still difficult to get approval from but if you have the police record and the they psychologists to back you up then go for it.
            No matter what YOU need To File the I-751. if you do not you loose your status.

            Comment


            • #7
              Thanks everyone for your feedback.

              Lani, I understand that there is no guarantee that applying for I-751 means that I will be granted the removal of condition.
              Staying married to that person is out of question. I would never stay married to an abusive man in order to secure my status. I knew about the risks when I filed for divorce and that was a definite decision.
              I got plenty of evidence that our marriage was bona fide, though.
              As for applying as a battered spouse, I can have psychologists back up for me, but I don't have any police records. I also have a have a restraining order against him.
              I know how difficult it is to prove a case as a battered spouse, specially when you don't have police records of physical abuse.
              Since I cannot afford regular attorneys'fees, it's likely that I wait until the time for removal comes to apply for removal of condition.
              Again, thanks everyone!
              God Bless you all!

              Comment


              • #8
                totally wrong information. a selfpetition (to waive the joint filing requirment) to remove the condtion cannot be filed before its time despite of being divorced. this proves my point never risk your chances on the information from here.
                No! You are incorrect, Lani. Please do not comment if you have no idea of appropriate procedure. To the OP:
                Please note that you can self-petition as soon as you have a finalised divorce in February 2006, if that is when it will be done.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  Thanks sappyconifer for your contribution.
                  Don't worry.I know the procedure to apply for removal.
                  As a battered spouse, I could apply anytime. However, following the regular time frame for removal of conditional GC, I'll need to wait until the right time comes(3 months before the conditional GC expires).
                  God Bless You!

                  Comment


                  • #10
                    Sorry, Lani, but your lawyer contacts were misinformed. It's not the first time that a legal firm doesn't know the appropriate procedure. It depends on how often they are called to do it, how familiar they are.


                    "If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country."

                    From: http://uscis.gov/graphics/howdoi/remcond.htm
                    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                    Comment


                    • #11
                      I don't mean to jump in, but please give me your thoughts on this - my ex husband and I filed for AOS shorthly after we married, but never went for the interview. To my knowledge he doesn't have conditional residency status. I delivered the final divorce decree to local USCIS office and they had me write a letter stating I wished to withdraw the affidavit of support. Would it be possible for him to remove conditions and obtain permanent resident status? Also, he came in on K-1, fiance visa.

                      Comment


                      • #12
                        I seriously doubt it bigdummy. I don't think there's any waiver if the marriage is terminated before the AOS approved.

                        Lani, your immigration firm is doing you a disservice by giving you such formation. Now,there's a difference between filing an application and getting approved of course (who knows, maybe your lawyer knows something about how USCIS view and rule on cases internally), but it has no bearing on whether one's eligible to file I-751 or not.

                        Comment


                        • #13
                          Mrs. Lonely Heart, you may want to consult with an immigration attorney. Make sure that it is an IMMIGRATION attorney, someone in aila. Quite often they will give a free consult.

                          Comment


                          • #14
                            and quite often they will not know what they are talking about.

                            The "requirements" for membership in AILA:

                            1. Be a lawyer

                            2. Sign up

                            3. If no one objects within 15 days you are in.

                            THERE ARE NO COMPETANCY REQUIRMENTS

                            Hell, its harder to get into the UAW than it is AILA.

                            Comment


                            • #15
                              I'm sorry. Let me define what I meant by "immigration attorney". I mean someone that practices law in the area of immigration and has done so, successfully, for some time. Someone that has a good reputation and can give you references - clients that will discuss their case and tell you what sort of work the attorney did for them. Someone that can cite recent case law and discuss how things are currently being handled and can back it up. You know, someone that can prove that they are KNOWLEDGEABLE in the field of immigration.

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