That's the way it is. 21 and not 18. Most likely based on the same principle of the drinking age, due to the fact that our founders did not deem 18 years of age (as opposed to 21) to be a mature enough age for drinking hard liquor. The Immigration rules must have followed the same tradition and principles and also raise the bar for sponsoring to 21.
No, the USC CANNOT sponsor 6 months prior. In fact, can only sponsor at the age of 21, AND ONE (1) DAY. (Please don't ask me why..)...
You need to either spend time on the USCIS and DOS websites to familiarize yourself with the process and its requirements or else immediately contact an immigration attorney to set an appointment for consultation to be explained the process.
Perhaps because during questioning they realized that he has been living in the US for more than 10 years, has US born children and that once placed in removal proceedings in immigration court , he will claim the relief of cancellation of removal for non - LPRs and claim extreme hardship to one or more of his US citizen children who might have medical issues, etc, which cannot be meaningfully taken care of in Mexico or wherever he is from.
Stand by for the "Notice to Appear" to be issued...
You need to IMMEDIATELY ! Hire BOTH a divorce lawyer, as well as an immigration lawyer.
YOU have all the rights here based on the facts. Relax and rest assured:
1. He CANNOT take away your baby! That's absolute b......t (I want to remain polite here.. But this is revolting.) judges deem that it is always in the "best interests of a child" to remain with his mother.
2. He CANNOT call your marriage "null" and make you "lose" your green card status. Once the divorce is...
Our finest city has many, many prominent (and highly experienced) litigation lawyers who specialize in P.I, seek them out here on Avvo, or else call the local State Bar for a referral to one of our "top guns" in P.I.
Difficult to answer without knowing more. Based on the little information you are giving here, the answer is a simple 'no'. None of the facts you are mentioning seem to elevate that individual to the level of "extraordinary ability", with its very stringent requirements and (very) strict USCIS interpretation of those requirements. I could see chances for an O-1 Non-immigrant visa, however. Consult with an immigration lawyer in Palo Alto on this.
I assume you are the U.S. citizen petitioner. As long as this was a marriage entered into in 'good faith", i.e. one for love and NOT just for procuring your husband a green card for monetary or other gain, then you have nothing to worry about. In any event, your husband who has been granted a "conditional" green card valid for only 2 years. Trust him, he will end up hiring a 'sharp" attorney who will file for the removal of his "condition" under the "good faith" exception..
But it if this...