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Hello, i am a holder of an expired conditional green card. it expired dec 2011.

Oswego, IL |

hello, i am a holder of an expired conditional green card. it expired dec 2011. my ex husband and i divorced in 2012 of dec. but we were already separated for a long time. even before my GC expired. i was very naive and financially i couldn't hire lawyer or file for a divorce at that time cuz he constantly cheated on me. in Feb 2013 i married my, now husband, we have one child and another one coming in march. he is also a US veteran. i don't know my current immigration status and would like to start process to be legalized immediately. what should be my next step?

Attorney Answers 6


  1. Best answer

    Unfortunately, your conditional residency has expired, which means that you are currently without any lawful status in the US. However, if your current spouse is a USC, then you are eligible to adjust through a new family petition as long as there are no other inadmissibility issues that have arisen. You should work with an attorney this time around to make sure that your process is fully completed.


  2. Now you should hire a lawyer, check you status with USICS and set a plan.

    Good luck.


  3. Your new husband can petition for you and you should be fine.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  4. It appears, unfortunately that your temporary LPR status has lapsed and your present status is undocumented. However, the great news is that you are eligible to AOS with your present USC spouse on the valid merits of the genuine marriage with a bona fide proofs of your relationship to qualify you for an LPR status as a Beneficiary by your USC petitioning spouse.
    I suggest selecting an immigration counsel of your choice to start that process.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  5. Hello. 1) Your current GC expired and since you did not timely renew it it appears you fell out of status; therefore 2) your current status is undocumented but 3) you would be able to file a new AOS application via your new US citizen husband immediately so 4) you should hire an immigration attorney this time around so you will avoid having to go back to 1)/2). Best of luck!

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


  6. Your next step is to consult an immigration attorney who can review your case history and guide through the process.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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