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  • Out of Status

    Hello everyone! My green card expired on May 2004, and was not able to file for a petition to remove the conditions of my marriage. I am still married to same man and he had also petitioned my 12 y.o. son (relative petition), the petition was approved September of last year, but we still have not received any card for him. My questions are, what do i do now about my status? Will they deport me? What about my son's card, is that not arriving because of my status? Thank you in advance for your responses.

  • #2
    Hello everyone! My green card expired on May 2004, and was not able to file for a petition to remove the conditions of my marriage. I am still married to same man and he had also petitioned my 12 y.o. son (relative petition), the petition was approved September of last year, but we still have not received any card for him. My questions are, what do i do now about my status? Will they deport me? What about my son's card, is that not arriving because of my status? Thank you in advance for your responses.

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    • #3
      It's a freaking epidemic I tell you !

      You can get divorce and file for I-751 divorce waiver along with the brat. No one ever gets deported no matter how hard they try to get deported. You can yell Allah Akbar and f art in an immigration officials face and still get a green card. The whole system is a scam.

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      • #4
        Michael:

        Do I have to get divorced? My husband and I are still pretty much together and plan to stay that way (this is a real marriage) We messed up by not filing when we were supposed to.

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        • #5
          JStorme:

          Do not listen to anything that Michael posts. His advice is bad and he is simply a trouble maker.

          No - you don't have to get divorced. However, you did need to file the removal of conditions within the 90 days preceeding the expiry of your temporary GC.

          You will definatley be out of status and deportable now. You need to see a lawyer right away and try to get this fixed or you will be removed when they find you.

          Why didn't you file? It is a simple process... Why haven't you received notice from the INS indicating that your petition for a GC has been considered withdrwan? Have you moved and not notified the INS? That is also a deportable offense.

          The rules and regulations that govern immigration MUST be taken very seriously. The consequences are extreme and you may find yourself on the wrong side of the border and unable to return.

          Call a couple (better yet 3 or 4) of immigration lawyers and ask for a free consultation. They will give it to you over the phone and explain your options.

          Others may have some more detailed advice but remember - those will be their personal opinions only! Seek legal advice to fix this!

          And please, please ignore anything Michael says - he is a racist immature idiot.

          Good Luck,

          ARQU

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          • #6
            Additionally...

            You mentioned that your son's petition was approved over a year ago but you haven't gotten that card yet either?

            You must of moved or something. Six months or a year - OK. But waiting for more than a year doesn't seem right.

            Open the phone book and look up some immigration lawyers and give them a call today! It won't cost you anything for the initial consulation and they will explain your options - you must fix this before you are detained and deported! You may even find that your son is out of status as well - that may be the case if his GC was conditional and no petition to remove conditions was filed for him either.

            ARQU

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            • #7
              You were not clear and incomplete in your question so don't blame me ! Ignore the last fool's advice; you do not need a lawyer to fill out a form. Simply fill out the joint I-751 petition yourself and do it NOW and explain why it is late. They won't care. Send in plenty of documentation. But do it immediatelty; the longer you wait the worse. All a lawyer will do is fill out the exact same form and charge you an extra $2000 to do it and the delay will hurt you more than help you. Do it now; send it in by tomorrow !

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              • #8
                ARQU:

                Thanks for the advice. No, I have not received anything from the INS regarding my petition for GC being withdrawn. We didn't move either. I have tried contacting INS before regarding my son's card and sent follow up letters/requests. We have not gotten any response on that either. I will start contacting lawyers at this point. What do you think are the chances of them deporting me even when i am still married to my USC hubby?

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                • #9
                  chances are 0 of being deported

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                  • #10
                    JStorme:

                    You must get this straightened out (see what adive some lawyers will give you).

                    Unlike Mike-Hole's advice, it is possible to be deported under these circumstances. Even if you are married to a USC...

                    It should be easy enough to fix up but you must actually do something to make it right...

                    ARQU

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                    • #11
                      This is on the USCIS website. You need to address this ASAP!


                      "What if I am Late in Applying to Remove the Conditions on Residence?
                      If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements"

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