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?
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.
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Now you should hire a lawyer, check you status with USICS and set a plan.
Your new husband can petition for you and you should be fine.
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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.
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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!
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Your next step is to consult an immigration attorney who can review your case history and guide through the process.
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