My husband withdrew my ROC and I would like to apply for it by myself, but I dont want to be in USA illegaly, I would rather stay in Colombia my homecountry while the lawyer processes my petition, is that possible???? Or should I stay obligatory in the USA while the whole process with the waiver?? Thank you!!!
You should be residing in the U.S. although you will be able to travel abroad during the pendency of the I-751 waiver process. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
If your conditional visa is still valid you should return to the USA to file to remove the conditions. If your conditional card is expired you may have waited to long to take any action- you will not be allowed back in the USA unless the conditional green card is no longer valid.
You need to reside in the US while applying, however, you may be able to travel during the pendency of the process.
This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship. Please do not contact me expecting additional free advice. If you contact me privately, I will email you an invoice for a consultation and will advise you only after the invoice is paid. Thank you.
Como residente condicional debes vivir en los Estados Unidos para pedir que te remuevan las condiciones de tu residencia. Sin embargo, podrás viajar siempre y cuando radiques la petición a tiempo. Hay diferentes razones por las cuales puedes pedir que te remuevan las condiciones de la residencia si ya no estas con tu pareja. Consulta con un abogado lo más pronto posible.
Once you file the application to remove conditions on your green card, if timely filed, the government will issue a one year extension of your resident status. This would allow you to travel overseas. Nonetheless, you do have to be careful about how long you stay out of the country. I recommend you contact an immigration attorney to discuss the details of your situation.