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  • GC status terminated due to divorce, Plz Help

    I was advised by a lawyer and others, to wait until my divorce decree and then file for the 751 under good faith. So i did.

    Meanwhile they terminated my status. but then when filed also sent me the one year extension with the reciept.

    today i went in to get a stamp, since i will be travelling for business. they did stamp it for a year, but advised that i will be taking a risk when travelling since it is showing my status terminated.

    i am reading memo and posts, that in a situation they do give the 551 stamp until my case is decided which is to work and travel.

    questsion: how should i rectify this mess. write to someone? wait to see what happens, any way I can get this in front of a judge.

    should i travel in this situation? i really do have to cuz of work, the fresh stamp today gives me comfort, what do u guys say.


    thanks.

  • #2
    I was advised by a lawyer and others, to wait until my divorce decree and then file for the 751 under good faith. So i did.

    Meanwhile they terminated my status. but then when filed also sent me the one year extension with the reciept.

    today i went in to get a stamp, since i will be travelling for business. they did stamp it for a year, but advised that i will be taking a risk when travelling since it is showing my status terminated.

    i am reading memo and posts, that in a situation they do give the 551 stamp until my case is decided which is to work and travel.

    questsion: how should i rectify this mess. write to someone? wait to see what happens, any way I can get this in front of a judge.

    should i travel in this situation? i really do have to cuz of work, the fresh stamp today gives me comfort, what do u guys say.


    thanks.

    Comment


    • #3
      Did you file in the 90 day windown before your CGC ran out. I would not travel.

      Comment


      • #4
        I was told to file once i get the divorce decree, otherwise it would be rejected right awya. so i waited for the divorce decree which made me go over the 90 day period.

        but now they did stamp my passoport and gave me the exentsion, i do need to travel, any suggestions what i should be doing when coming bak and the do deny my entry?

        Comment


        • #5
          If you want to wait this out in the US, don't travel.

          Comment


          • #6
            whats important? to travel outside the country or to secure and establish your status in the US?

            Just do not be surpised if they won't let you in,when you come back to the U.S....because the extansion means nothing,if your STATUS has been terminated...

            U need an attorney.PERIOD...your travel should be the last thing right now to worry about

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by conditional-resident:
              I was advised by a lawyer and others, to wait until my divorce decree and then file for the 751 under good faith. So i did.

              Meanwhile they terminated my status. but then when filed also sent me the one year extension with the reciept.

              today i went in to get a stamp, since i will be travelling for business. they did stamp it for a year, but advised that i will be taking a risk when travelling since it is showing my status terminated.

              i am reading memo and posts, that in a situation they do give the 551 stamp until my case is decided which is to work and travel.

              questsion: how should i rectify this mess. write to someone? wait to see what happens, any way I can get this in front of a judge.

              should i travel in this situation? i really do have to cuz of work, the fresh stamp today gives me comfort, what do u guys say.


              thanks. </div></BLOCKQUOTE>
              Did you receive the I-797C notice when you filed the I-751? And when? Then provide the date of when the notice of green card cancellation. It appears from your post is that green card was canceled, then you filed the I-751 based on divorce, then got the 1 year extension.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by conditional-resident:
                I was told to file once i get the divorce decree, otherwise it would be rejected right awya. so i waited for the divorce decree which made me go over the 90 day period.

                but now they did stamp my passoport and gave me the exentsion, i do need to travel, any suggestions what i should be doing when coming bak and the do deny my entry? </div></BLOCKQUOTE>
                File the I-131, advanced parole if you plan to be outside the country for 180 days or more. It is not required, but it may help. Since your stamp shows a conditional resident extension for one year, it will not affect your I-751 decision.
                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                Comment


                • #9
                  I AM SORRY BUT COULD YOU PLEASE ELABORATE A LITTLE BIT.
                  ONCE YOUR GC IS TO BE CANCELLED YOU GET SOMETHING CALLED "NTA" NOTICE TO APPEAR AT AN IMMIGRATION COURT AND THAN JUDGE GIVES YOU A CHANCE TO FILE AN I-751 WAIVER. THE BOARD OF IMMIGRATION APPEAL HAS HELD IN NUMEROUS CASES THAT YOUR PERM STATUS IS NOT TERMINATED UNLESS IT IS TERMINATED BY AN IJ OR BIA, IF YOU FILE A TIMELY APPEAL. WHAT DOES YOUR ORIGINAL NOTICE EXACTLY STATE.

                  I AM GOING THROUGH SIMILAR SITUATION, EXECPT THAT I HAD 10 YR CARD WHEN I GOT NTA BASED ON MY DIVORCE TO USC.

                  Comment


                  • #10
                    Sam a 10 year green card should be a permanent one; does it say conditional on it? You should not have an issue with a perm green card.

                    Comment


                    • #11
                      Senior Member:
                      Thanks for quick reply. In short, I had Conditional GC for 2 yrs. Filed I-751 about 3 inch thick file. Marraige fell apart about 5 months after, as she found the father of her 6 yr old son. Got divorced. Got I-751 approval two months after. Did not know better, so got my marry way. Re married two years later. Applied for Citizenship happyily. Was interviewed. Got questioned on dates of divorce and I-751 approval. Got hit with an NTA stating "Why not your perm status be terminted based on the fact that you were divorced when I-751 approval issued". The I-751 approval took 11 months after filing. Does it make sense in any way that people have to suffer a marraige turned ugly, if INS takes more than 180 days to adjudicate. Than they did not call for interview. If they would have, I would have settled this mess long ago, while now I have filed an I-751 waiver with same 3 inch thick book of evidence but have not even received a courtesy of RECEPT NOTICE for past 2 months. Got copy of checks from bank which have been cashed with RECEIPT NUMBER on them. How can I get a RECEIPT NOTICE for I-751. I have heard some felows stating that they did not get any but staright approval in email. Is this correct?

                      Comment


                      • #12
                        WHY WOULD CONDITIONAL RESIDENT HAVE ANY PROBLEM TRAVELLING WHEN US CIS ISSUED HIM A STAMP STATING "PERM RESDENT STATUS EXTENDED ONE YEAR, EMPLOYMENT AND TRAVEL AUTHORIOZED TILL ______"

                        DO YOU GUYS MEAN THIS:

                        1). ALTHOUGH THE BOTH BRANCHES ARE PART OF DHS, USCIS AND BCBP DO NOT LISTEN TO EACH OTHER AND ACT INDEPENDENTLY?

                        2). DO YOU MEAN THAT THE CONDITIONAL RESIDENT IS ABOVE THE RULE OF LAW AND THIS COUNTRY HAS EFECTIVELT GONE TO DOGS?

                        3). OR DO YOU MEAN THAT HE CAN SAY OR UTTER SOME THING AT THE BORDER, LIKE THE LAST GUY, WHICH WILL EFFECTIVLEY KILL HIS STATUS AS PERMENENT RESIDENT ALTHOUGH HE IS ALLOWED FOR AN IMMIGRATION COURT HEARING. ONLY PEOPLE WHO COME HERE WITH OUT PASSPORT ON AIRPORT ARE NOT ALLOWED IMMIGRATION HEARING, ALL OTHER SHALL BE ALLOWED IMMIGRATION JUDGE HEARING.

                        Comment


                        • #13
                          WOW Sam ; thats a good lesson for all the fraudsters here; thanks

                          Comment


                          • #14
                            senior member:

                            you may be right. it is getting weird by the day. i received my biometric notice for i-751 waive app and i checked case status on lins and it states..approved notice sent.. wow...but the weaired thing is notice date is 9-1-07 but approval date is 11-4-2004 and recept date is 7-17-2007..who to believe. customer service guy was of no help..he wants me to mke infopass and see i.o....did any body else got similar approval in email for i-751 and what is the authtication..any way i am going for biometrics.
                            Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Sam Malik:
                              WHY WOULD CONDITIONAL RESIDENT HAVE ANY PROBLEM TRAVELLING WHEN US CIS ISSUED HIM A STAMP STATING "PERM RESDENT STATUS EXTENDED ONE YEAR, EMPLOYMENT AND TRAVEL AUTHORIOZED TILL ______"

                              DO YOU GUYS MEAN THIS:

                              1). ALTHOUGH THE BOTH BRANCHES ARE PART OF DHS, USCIS AND BCBP DO NOT LISTEN TO EACH OTHER AND ACT INDEPENDENTLY?

                              2). DO YOU MEAN THAT THE CONDITIONAL RESIDENT IS ABOVE THE RULE OF LAW AND THIS COUNTRY HAS EFECTIVELT GONE TO DOGS?

                              3). OR DO YOU MEAN THAT HE CAN SAY OR UTTER SOME THING AT THE BORDER, LIKE THE LAST GUY, WHICH WILL EFFECTIVLEY KILL HIS STATUS AS PERMENENT RESIDENT ALTHOUGH HE IS ALLOWED FOR AN IMMIGRATION COURT HEARING. ONLY PEOPLE WHO COME HERE WITH OUT PASSPORT ON AIRPORT ARE NOT ALLOWED IMMIGRATION HEARING, ALL OTHER SHALL BE ALLOWED IMMIGRATION JUDGE HEARING. </div></BLOCKQUOTE>
                              this is normal within the federal bureaucracy. Look at the lack of communication between the CIA and FBI over the last 50 years or so.
                              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                              Comment

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