Hello, my mother married a U.S. citizen when I was underage and I gained conditional permanent resident status through that. However, he disappeared and left us before the two year period was up. We haven't been able to contact him at all. Due to this, my mother could be facing removal of her resident status, as so will I. I have been here since I was 11 (in 2006) and came here with a visitor's visa that has already expired, I have graduated high school and I am currently attending college. My biological father is a Permanent resident and is in the process of getting his citizenship. I am currently about to turn 19 and unmarried. How can I defend myself against deportation? Thank you.
You really do need to meet with an attorney to go over your options. There may be possibilities for you to file an I-751 to remove the conditions on your residence, but I think you need to have a confidential conversation with an attorney who can talk with you about the facts of your case in great detail. The conditions on residence can be removed based on the marriage being terminated by divorce, abuse, etc. I suggest you have a confidential consultation with an experienced practitioner who can assist you.
By scheduling a personal consultation with a local immigration lawyer who may find enough grounds to to remove the conditions on your residence by invoking one or more of the exceptions that exist to the joint filing requirement, such as good faith marriage, all sorts of abuse and emotional distress.
If I understand you correctly, the conditional status has expired long ago. Is that right? You and your mom could have filed a waiver based I-751 petition for your permanent green cards. Any way, at this point, I would recommend a personal consultation as more details are needed and you and your mom may have different courses of action, all depends on the facts.
Sure, there appears to be several options available to you. One of them applying for DACA, another one is that your mother may be eligible for a waiver to remove conditions off her green card, and yet another is through your father. So make sure you speak with an experienced immigration lawyer to assist you with your case.
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