We have a joint apartment lease, car insurance, a blood test shows I was pregnant and had miscarriage, affidavits from my friends, W-2 shows my status as married, drivers's licenses shows the same address, lots of pics, flights, hotels, cards, texts show that the divorce isnt because of me. Is my case doable? Should I file I-751 after getting divorce decree or within 90 days before deadline?
You are in good shape. File the I-751 with the supporting evidence as soon as your divorce is final.
Carl Shusterman, Esq.
Former INS Trial Attorney
Board Certified Immigration Attorney
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600 Wilshire Blvd., Suite 1550
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Sorry to learn that your husband plans to file for divorce. As others already have mentioned, a Conditional Resident may petition to remove the condition on her "Green Card" while seeking a waiver of the usual requirement that both spouses petition together to remove the condition. Many of the types of documents you mentioned should prove to be important in assembling a persuasive set of documents to show that while the marriage did not last, it nonetheless was a bona fide marriage through which you should be granted unconditional Lawful Permanent Resident status.
It would be wise to engage an immigration attorney to assist you with this process, especially since the USCIS adjudicating officer exercises subject discretion in making a decision, and it will be important to assure that your case is presented as persuasively as possible. Some immigration law firms, including mine, offer legal representation on a "flat fee" basis (rather than an hourly charge), and a few firms, including mine, offer an initial consultation free of charge (but note that our firm should not be considered engaged as counsel until our firm may confirm legal representation in writing).
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
David N. Soloway
Frazier, Soloway, Poorak & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
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Thanks for seeking out my advice. I do handle immigration cases, but for now I'm only taking clients who have immigration consequences as they relate to a criminal charge, conviction, or investigation. I do know of a great immigration lawyer in Atlanta who may be able to help you. His name is Jama Ibrahim. http://irimmigration.com/index.php/firm-profile...
Please contact him for advice and representation.
You will not be granted your greencard with conditions removed unless your marriage is in good Immigration will check the court records and when they see you have a divoce pending they will deny you your greencard. I suggest you file on your own if you qualify.
You need to consult with an experienced immigration attorney.
File I-751 self-petition after divorce. If you are late within a reasonable time with good explanation such as getting divorce finalized, the 90 day rule will not be held against you. I have done this for clients and had no problem with USCIS. Retain a lawyer to assist you.
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