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Thread: Intriguing situation

  1. #1
    Hi,

    A friend of mine told me this situation regarding his uncle 'TOM'.

    A lovely indian girl became green card holder and went to India to marry her sweetheard TOM. After the weeding, she brought TOM to USA back in 1989. In less than 2 yrs he marriage failed apart and the two divorced. TOM did not apply for GC while they were married and I am not sure if TOM came on a tourist visa or some sort of immigrant visa.

    My question is: since TOM has lived in the country for 20yrs, is there any way for him to get his immigration status fixed? TOM does not want to get married to USC.

  2. #2
    Hi,

    A friend of mine told me this situation regarding his uncle 'TOM'.

    A lovely indian girl became green card holder and went to India to marry her sweetheard TOM. After the weeding, she brought TOM to USA back in 1989. In less than 2 yrs he marriage failed apart and the two divorced. TOM did not apply for GC while they were married and I am not sure if TOM came on a tourist visa or some sort of immigrant visa.

    My question is: since TOM has lived in the country for 20yrs, is there any way for him to get his immigration status fixed? TOM does not want to get married to USC.

  3. #3
    Hi Kumna,

    I was thinking about 245(i), but since she never filed a petition for him, I don't think he meets the requirements.

    I think his only options are: marry a USC (which he opposes), or wait for immigration reform.

  4. #4
    Yes, I did not think he had other options, but it never hurts to double check.

    Thank you ProudUSC.

  5. #5
    Are you sure he is not 245i? Are you sure that in the intervening 20 years, no one has filed anything for him before April 30, 2001? Sometimes people don't realize their 245i until you ask them specifically if anything was filed for them before April 30. Also, very curious to know how he came to the U.S. if he was married to a LPR.

  6. #6

  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:
    Is the LPR who married him a USC now? </div></BLOCKQUOTE>

    It doesn't matter since they are now divorced.

  8. #8
    Well welll, the case is a getting a little more juiced.

    Mani, thank you for insisting. My friend called TOM and the guy is on the phone as I write this.
    This is what really happened. He came on some sort of K visa and got a conditional green card. But when the marriage went sour, his wife took his green card away and told him that he could not remove the condition. I think because he was new to the country, he got scared and hid from immigration. He told my friend that he still has the conditional green card number. So, he never tried to remove the conditions on his own.

    So, in the light of this information, what can he do?

    If I were him, I would sue the wife for misleading and abusing him. I cant believe what pople are capable of.

  9. #9
    Well, he should have filed the waiver assuming he had a good faith marriage to remove conditions; however, I think it's too late for that.

    Have him look into 245(i) and he should discuss this with a qualified immigration attorney.

  10. #10
    I checked 245(i), I think he would qualify under the LIFE ACT part of 245(i). Either way, he will need a good immigration attorney as ProudUSC said.

    Thanks.

    LIFE Act and 245(i)

    The Legal Immigration Family Equity (LIFE) Act Amendments, enacted on December 21, 2000, temporarily restored eligibility under Section 245(i) by replacing the previous cut-off date (January 14, 1998) with a new date (April 30, 2001). Accordingly, a beneficiary of a labor certification application or immigrant visa petition filed8 on or before April 30, 2001, preserves eligibility to adjust status under INA 245(i). Payment of a $1,000 surcharge will be required with the adjustment application, regardless of the timing or basis of the eventual adjustment. The $1000 penalty fee is payable at the time of adjustment rather than at the time the grandfathering petition or application is filed.

    The LIFE Act added a significant requirement to Section 245(i). If the qualifying petition or labor certification was filed after the previous cut-off date (January 14, 1998), the alien must have been physically present9 in the US on the date of enactment (December 21, 2000) in order to qualify for Section 245(i) benefits under LIFE.10 It is uncertain at this time what evidence will be required or accepted to satisfy the physical presence requirement.

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