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Thread: "divorced before conditional greencard."

  1. #1
    quote:
    Originally posted by zoocity83:
    I was recently divorced from my wife on 10/28/2008.

    Can the I-130 & I-485 still be approved even after my divorce?

    Is there a limit on the number of work permits they are allowed to issue?

    -----------------------------------------------

    No, since you divorced, you can't adjust status based on that marriage. You need to inform USCIS about the change, withdraw the petition (I-485 is yours, I-130 is from your wife), and find another way to legalize your status.

    EAD is issued in connection with pending petition to adjust status. Once that's withdrawn, your EAD is no longer valid.

    -----------------------------------------------

    As Aneri has explained, you are now out of status/illegal.


    You said that you had the immigration interview on the adjustment of status in 4/2007. What happened that you did not receive an approval? Was the name check holding things up , or were uscis suspicious about your marriage and put it on review?


    You need to notify uscis that the divorce has occured and wait for the termination/letter to tell you to leave the usa.

    The only recourse for you now is to be married to usc for forgiveness of your illegal status.

    Did you come to usa on valid visa?
    -----------------------------------------------

    At the interview, the immigration officer requested an I-601 waiver, prove hardship to US citizen spouse and copy of our son's birth certificate. All the information requested was turned in within a week.

    I came here on a valid family visa but it expired and we just stayed in the US since 1996

    Once informing immigration of my divorce. Is there an alternative for me to stay? I share joint custody of our 5 year old son. I am his main provider, I have and care for him Monday thru Friday.

    If marriage to a usc is an only option for my staying, how long will i have to wait to apply for residency again?
    ----------------------------------------------

    Wow, fortunately you have a son. Son is from this marriage?

    However, I am puzzled that you both got divorced knowing that you did not receive your greencard and that you would be deported. Confused especially since you say you are his only means of support.

    Cancellation of removal is another option, since you have a son and have been here 10 yrs.+, however there is not a guarantee that you will be approved, and it is a one shot deal.


    I will assume that you have been in the country for a continuous 10 years and no trouble with the law. You must not have broken the continuous presence for the 10 years.



    read here

    cancellation of removal



    If you choose to remarry a usc in order to gain residency, there is not a wait time. You will follow the same procedure as before by submitting applications and their fees. Uscis wil have to be advised of the divorce and the previous forms withdrawn as they are invalid at this point due to divorce.
    -----------------------------------------------

    Divorcing before the greencard was my wifes choice not mine.

    4now: you are right, cancellation of removal is a long shot, the burden of proof on the alien is extremely high, therefore; I would like to avoid that route.

    I was 12 last time I was in Mexico. I wouldn't even know what to do there.

    If remarried, will I have to leave the country?
    if yes, where in Mexico do I fill out the paperwork to gain legal USA status?
    -----------------------------------------------

  2. #2
    quote:
    Originally posted by zoocity83:
    I was recently divorced from my wife on 10/28/2008.

    Can the I-130 & I-485 still be approved even after my divorce?

    Is there a limit on the number of work permits they are allowed to issue?

    -----------------------------------------------

    No, since you divorced, you can't adjust status based on that marriage. You need to inform USCIS about the change, withdraw the petition (I-485 is yours, I-130 is from your wife), and find another way to legalize your status.

    EAD is issued in connection with pending petition to adjust status. Once that's withdrawn, your EAD is no longer valid.

    -----------------------------------------------

    As Aneri has explained, you are now out of status/illegal.


    You said that you had the immigration interview on the adjustment of status in 4/2007. What happened that you did not receive an approval? Was the name check holding things up , or were uscis suspicious about your marriage and put it on review?


    You need to notify uscis that the divorce has occured and wait for the termination/letter to tell you to leave the usa.

    The only recourse for you now is to be married to usc for forgiveness of your illegal status.

    Did you come to usa on valid visa?
    -----------------------------------------------

    At the interview, the immigration officer requested an I-601 waiver, prove hardship to US citizen spouse and copy of our son's birth certificate. All the information requested was turned in within a week.

    I came here on a valid family visa but it expired and we just stayed in the US since 1996

    Once informing immigration of my divorce. Is there an alternative for me to stay? I share joint custody of our 5 year old son. I am his main provider, I have and care for him Monday thru Friday.

    If marriage to a usc is an only option for my staying, how long will i have to wait to apply for residency again?
    ----------------------------------------------

    Wow, fortunately you have a son. Son is from this marriage?

    However, I am puzzled that you both got divorced knowing that you did not receive your greencard and that you would be deported. Confused especially since you say you are his only means of support.

    Cancellation of removal is another option, since you have a son and have been here 10 yrs.+, however there is not a guarantee that you will be approved, and it is a one shot deal.


    I will assume that you have been in the country for a continuous 10 years and no trouble with the law. You must not have broken the continuous presence for the 10 years.



    read here

    cancellation of removal



    If you choose to remarry a usc in order to gain residency, there is not a wait time. You will follow the same procedure as before by submitting applications and their fees. Uscis wil have to be advised of the divorce and the previous forms withdrawn as they are invalid at this point due to divorce.
    -----------------------------------------------

    Divorcing before the greencard was my wifes choice not mine.

    4now: you are right, cancellation of removal is a long shot, the burden of proof on the alien is extremely high, therefore; I would like to avoid that route.

    I was 12 last time I was in Mexico. I wouldn't even know what to do there.

    If remarried, will I have to leave the country?
    if yes, where in Mexico do I fill out the paperwork to gain legal USA status?
    -----------------------------------------------

  3. #3
    Hello Zoo

    Thanks for starting your own thread


    What was the official reason for your denial from uscis that you needed a 601 waiver for during your aos process with your wife? Were you told that you had to leave the country then to process?

    Please tell me circumstances of how you came to be in usa. did your parents or some relative sponser you to come on a family petition?

  4. #4
    uscis never denied any of my applications, not yet. All are "received and pending"

    At the end of the immigration interview, the immigration officer only requested more evidence. i-601 waiver for possession of .6 grams of "green", prove hardship to US citizen spouse and a copy of our son's birth certificate. They never ask me to leave the country. The officer just said to turn in the evidence requested (which i did) and wait for an approval.

    I came to the US legally with my parents and older brother. I was on a family passport/visa (mom, brother and I) from mexico. My dad had his own documentations, he was in the mexican merchant marines, he traveled internationally frequent. 1996, US immigration granted us I-94 to travel the US. We overstayed since.

  5. #5
    You need to go into the ICE office and ask to be placed in proceedings so you can apply for withholding of removal. You need to do this in person.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by zoocity83:
    uscis never denied any of my applications, not yet. All are "received and pending"

    At the end of the immigration interview, the immigration officer only requested more evidence. i-601 waiver for possession of .6 grams of "green", prove hardship to US citizen spouse and a copy of our son's birth certificate. They never ask me to leave the country. The officer just said to turn in the evidence requested (which i did) and wait for an approval.

    I came to the US legally with my parents and older brother. I was on a family passport/visa (mom, brother and I) from mexico. My dad had his own documentations, he was in the mexican merchant marines, he traveled internationally frequent. 1996, US immigration granted us I-94 to travel the US. We overstayed since. </div></BLOCKQUOTE>


    the drug conviction was the basis of the delay in your adjustment. The waiver for the conviction is explained below and the 601 waiver was for the hardship to your wife and child. This does not make you the best candidate for the cancellation of removal, however it will depend on how long ago the conviction occured etc. Looks like marriage to usc is only viable option at this point.

    You should not have to leave the country for adjustment because you were inspected via valid visa.

    Be very careful at this stage of the game now, becuase uscis now knows where you are and you are subject to removal. the divorce made your Aos invalid and any work permits that were acquired under it.

    Even if you remarry a usc, you will have to go through the same process again with AOS and being inadmissable and file the 601 waiver for hardship to child and the new wife. the concentration of hardship of course will be on the child that you have to support .


    Best wishes to you

    Basis

    An individual who has a conviction for a drug related crime is not eligible for adjustment of status because s/he is inadmissible. (Section 212a of INA) This inadmissibility ground cannot be waived except when the offense is of personal possession of 30 grams or less of marijuana. In that case, the individual may be able to apply for a waiver, most commonly based on extreme hardship to his or her U.S. Citizen or Lawful Permanent Resident spouse, child, or parent.


    All Adjustment applicants are subject to these inadmissibility provisions. Hence, person would need to obtain waiver from the inadmissibility... based on an offense of simple possession of 30 grams or less of marijuana for personal use before they can adjust status.

    Waivers Under INA Sec. 212(h)

    Can waive:
    - 212(a)(2)(A)(i)(I) - CIMT
    - 212(a)(2)(B) - Multiple convictions w/ sentence of 5 years
    - 212(a)(2)(D) - Prostitution, procurement & unlawful commercialized vice
    - 212(a)(2)(E) - Asserted immunity from prosecution
    - 212(a)(2)(A)(i)(II) - Only under 30 grams of marijuana

    Cannot Waive:
    - 212(a)(2)(A)(i)(II) - except under 30 grams of marijuana
    - Murder
    - Torture
    - Attempt or conspiracy to commit murder or acts involving torture
    - Aggravated felony - if applicant is or was LPR

    LPR ineligible unless residing 7 years immediately preceding initiation of proceedings

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    You need to go into the ICE office and ask to be placed in proceedings so you can apply for withholding of removal. You need to do this in person. </div></BLOCKQUOTE>


    What and where is the ice office? i live in Michigan

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by zoocity83:
    uscis never denied any of my applications, not yet. All are "received and pending"

    At the end of the immigration interview, the immigration officer only requested more evidence. i-601 waiver for possession of .6 grams of "green", prove hardship to US citizen spouse and a copy of our son's birth certificate. They never ask me to leave the country. The officer just said to turn in the evidence requested (which i did) and wait for an approval.

    I came to the US legally with my parents and older brother. I was on a family passport/visa (mom, brother and I) from mexico. My dad had his own documentations, he was in the mexican merchant marines, he traveled internationally frequent. 1996, US immigration granted us I-94 to travel the US. We overstayed since. </div></BLOCKQUOTE>


    the drug conviction was the basis of the delay in your adjustment. The waiver for the conviction is explained below and the 601 waiver was for the hardship to your wife and child. This does not make you the best candidate for the cancellation of removal, however it will depend on how long ago the conviction occured etc. Looks like marriage to usc is only viable option at this point.

    You should not have to leave the country for adjustment because you were inspected via valid visa.

    Be very careful at this stage of the game now, becuase uscis now knows where you are and you are subject to removal. the divorce made your Aos invalid and any work permits that were acquired under it.

    Even if you remarry a usc, you will have to go through the same process again with AOS and being inadmissable and file the 601 waiver for hardship to child and the new wife. the concentration of hardship of course will be on the child that you have to support .


    Best wishes to you

    Basis

    An individual who has a conviction for a drug related crime is not eligible for adjustment of status because s/he is inadmissible. (Section 212a of INA) This inadmissibility ground cannot be waived except when the offense is of personal possession of 30 grams or less of marijuana. In that case, the individual may be able to apply for a waiver, most commonly based on extreme hardship to his or her U.S. Citizen or Lawful Permanent Resident spouse, child, or parent.


    All Adjustment applicants are subject to these inadmissibility provisions. Hence, person would need to obtain waiver from the inadmissibility... based on an offense of simple possession of 30 grams or less of marijuana for personal use before they can adjust status.

    Waivers Under INA Sec. 212(h)

    Can waive:
    - 212(a)(2)(A)(i)(I) - CIMT
    - 212(a)(2)(B) - Multiple convictions w/ sentence of 5 years
    - 212(a)(2)(D) - Prostitution, procurement & unlawful commercialized vice
    - 212(a)(2)(E) - Asserted immunity from prosecution
    - 212(a)(2)(A)(i)(II) - Only under 30 grams of marijuana

    Cannot Waive:
    - 212(a)(2)(A)(i)(II) - except under 30 grams of marijuana
    - Murder
    - Torture
    - Attempt or conspiracy to commit murder or acts involving torture
    - Aggravated felony - if applicant is or was LPR

    LPR ineligible unless residing 7 years immediately preceding initiation of proceedings </div></BLOCKQUOTE>


    What and where is AOS?
    once married do i summit all applications at once or is there a certain order to file? which would be the 1st I want to file?

  9. #9
    Claim abuse by your spouse. No evidence is needed and no arrest or complaints need to be filed against your spouse. VAWA benefits in immigration apply to men too.

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by zoocity83:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    You need to go into the ICE office and ask to be placed in proceedings so you can apply for withholding of removal. You need to do this in person. </div></BLOCKQUOTE>


    What and where is the ice office? i live in Michigan </div></BLOCKQUOTE>


    Federale:


    Please stop being irresponsible and caustic and sarcastic when giving advice here on ILW to posters. As you can see that this poster has taken you seriously and is ready to do this.

    Yes we know the system is full of scammers and lets people get thru on loopholes. I understand your frustration with the system, but this poster does not understand that you are mocking the system when speaking of VAWA and withholding of removal. Both of which do not apply to the poster. Please give responsible advice and not confuse issues. This is not nice.

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