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Questions about I-751 removal conditional residency.

Miami, FL |

I married to my US citizen husband and got conditional greed card at Nov 2010 .The follow two years were nightmare . he has anger problem physiologically and verbally abused me, also he was cheating on me. So I divorced him at Nov 2012 and filed 1-751 by myself.
I couldn't get ant affidavit cuz he was threaten everyone we know.so the only documents I submitted to immigration are:
2-years lease agreement with both names on,
2 years joint banking account,
joint car insurance and health insurance
cable bills with both names on
ID card, car registration with same address.
2years joint tax return
photos.
It has been 4 months and I still haven't heard anything from immigration. I am accepted by a law school with full scholly. should I just give up green card and apply for F-1 visa instead

Thanks for Ms. Antonovsky and Mr. Carlin 's answers. I have to move to another state for school in a few months. I don't know long this immigration issue will take and if I can get approved. I don"t want to stop in the middle of my study just because I was denied the GC. That is why I am thinking to give up the green card application and just apply for a student visa.

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Attorney answers 4

Posted

When you submitted your I-751, provided you did it correctly, your conditional green card should have been extended for one year. You should have gotten a letter to stating that. 4 months is not long at all to adjudicate such cases. However, given your facts, I would advise you to meet with an experienced immigration attorney, someone who will be able to review your entire case, including the documents you submitted and advise you concerning your particular situation. Good Luck.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

Asker

Posted

Thanks for your answer. I do have an immigration attorney helped me preparing my paper works, but I am not satisfied with his work. I didn't summit a letter to explain why my marriage fell apart , should I submit the letter now?

Alice Antonovsky

Alice Antonovsky

Posted

If you are working with an attorney, he/she knows your case better than any of us here and is thus the best person to seek advice from. If you are not satisfied with your lawyer, you should take your documents to another attorney for review. It is very difficult to comment without looking at what has already been submitted and the explanations that were provided as to why you are not filing jointly.

Posted

I-751 Petitions often take approximately 8 months or more for USCIS to adjudicate.

If you filed the I-751 before the expiration of your two-year green card, then your permanent resident status should have been extended for one year. Check the receipt that you should have received.

You should consult with an experienced immigration attorney about this case.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Posted

There are two ways to file an I-751 without the joint requirement. It is not clear here whether you file based on a divorce or based on abuse. Each one has a different set of requirements on what you must show to get an approval. In any case, if you apply for an F-1 visa at this point it is likely to be denied because your conditional residence has not been terminated. You would be well served to consult with an immigration attorney about your case.

Asker

Posted

I filed as based on a divorce. Can i still apply for student visa if my GC application be denied?

Paul Alphonso Palacios

Paul Alphonso Palacios

Posted

Unfortunately, your question is not so simple that it can be answered with a "yes" or "no". The answer will be the one that you will use the most once you are in law school: it depends. You really need to be advised on the answer to this question by an attorney that has reviewed all your documents. The problem here is that your case will go on for another year or so. If you get denied, you may want to go to Immigration Court and have an Immigration Judge render a decision if USCIS denies your petition. During this whole process, it is unlikely USCIS would approve an F-1 petition for you. If your petition is ultimately approved, your legal permanent residence will be retroactive so you would have the conditions removed and you would be considered to have been a legal permanent resident the entire time it was pending. The question then is if you go to law school while all this is pending would you be able to get all the benefits of a resident such as financial aid, etc. This you probably have to discuss with your school.

Posted

Typical processing time for i750 one without an interview is 6 to 9 months. If you case is selected for an interview you can anticipate an additional 3 to 6 months. Thus your case is within normal processing time.

If you're concerned about the viability of your case, consult with an experienced immigration attorney who can review the facts of your case, advise you what to expect and how best to proceed.

Good luck in law school!

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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