Help With Immigration Status. I-751

Asked over 1 year ago - Fort Lauderdale, FL

I am 22 years old and have lived in the US since I was 13. I moved here with my mother at the age of 13. AT the age of 16 my mom met an American Citizen whom she married.. We went through the process and I received a 2 year green card and a social security number, but my mother never received anything because she triggered the ten-year bar persuant to INA and 212(a)(9)(B)(v) and is now on ICE supervision! She filed for the form I-601 twice (waiver of inadmissibility), but was not accepted. She is still happily married to my steph dad who lost 80% percent of his eye sight 2 years ago. A couple years ago I filed for my I-751 (petition to remove conditions ) and I had my appointment 3 month ago at the USCIS office in Florida and a USCIS employee told me he needed more information about my mot

Attorney answers (3)

  1. Jeffrey Adam Devore

    Contributor Level 20


    Lawyer agrees

    Answered . You obtained conditional residence based upon the marriage of your mother and step-father. The fact that her application was denied is irrelevant (there is no requirement that your mother be granted residence before you can). You must, however, still prove by a preponderance of the evidence that their marriage was/is bona fide in order to have the conditional basis of your residence removed. Consult with an experienced immigration attorney who can review the facts of your case, advise you what to expect, and how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  2. Kevin D Slattery


    Contributor Level 9

    Answered . Assuming that your mother's marriage was a bona fide marriage (not fraudulent), and that some other reason served as the basis for her not getting her "green card" through that marriage [my interpretation of what you are describing], and that you received your "green card" first through a separate Petition for Relative filed on your behalf by your step-father, then there is a legal argument to be made that you never should have been issued a conditional 2-year "green card." Rather, from the start you should have been issued an unconditional green card. There exists a legacy INS memorandum discussing this subject. My recommendation is that you consult with an attorney like myself who is familiar with the memorandum and legal argument to be made - again, assuming no fraud in your mother's marriage case and assuming she in fact never received her "green card."

  3. Michael Hugh Carlin

    Contributor Level 18


    Lawyer agrees

    Answered . Your question seems to have been cut off.

    It appears that USCIS might have erred in giving you a two-year conditional green card. If you were age 16 when your parents married, then your step-father filed a separate petition for you, as well as for your mother, then your own case should be considered as separate from your mother's case.

    You definitely should consult with an immigration attorney near you, to get this situation straightened out.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
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