Removal proceedings & termination of conditional resident status

Asked over 3 years ago - San Diego, CA

Facts:
1- Received conditional green card in October 2008 based on marriage to a U.S. Citizen. Got separated in February 2009 and filed petition for divorce in April 2009. The divorce was granted in May 2010.
2- I received a notice from the USCIS in June 2010 stating that my “conditional resident status has been terminated as of June 2010 because my marriage to a U.S. Citizen has been terminated judicially …..” It further stated that I and in removal proceedings and I have to attend a court hearing on a date to be scheduled later.
3- I have attended 1st master hearing in September 2010 and the judge decided to continue my hearing on December 2010 and asked me to bring the proof that I mailed the I-751 waiver form & the evidence to the USCIS.
4- I mailed the I-751 in 1st week of October and received a notice of action that my status has been extended for 1 year but it stated that the 1 year extension does not apply to me because I am in removal proceedings.
5- I did the biometrics in November 2010.
6- I attended the 2nd master hearing in December 2010 and the judge terminated my case without prejudice.
My questions are:
1- Why was my conditional resident status terminated before my green card’s expiration date?
2- Am I still in removal proceedings if the judge terminated my case without prejudice?
3- Is my status extended for 1 year?
4- Can I travel internationally?

Attorney answers (2)

  1. Stuart Jonas Reich

    Pro

    Contributor Level 19

    2

    Best Answer
    chosen by asker

    Answered . You really need to speak with a lawyer directly to try to get exact answers on what is going on; I'll answer as best as I can based on what information is here:

    1) Very good question - it makes no sense for them to do this absent a showing that you committed fraud in first getting conditional permanent residence. Your ex may have written to USCIS and made some form of accusation. No real way to know.

    2) No - not right now. terminated means they're over, "without prejudice" means that it wasn't a decision on the merits and ICE can bring the case again later. Most likely, if the I-751 is denied.

    3) If they did formally terminate your conditional permanent residence status, then there is nothing to extend. HOWEVER, approved of an I-751 would still grant unconditional permanent residence status.

    4) I wouldn't until this is cleared up.

    There is relatively recent guidance - a few months back - that removal proceedings should be terminated this way when an agency adjudication (such as USCIS determining your I-751) might solve the problem (I'm paraphrasing a bit).

    Speak with an attorney, bringing all of your paperwork, to try to figure this out.

  2. Rehan Shams Alimohammad

    Contributor Level 14

    Answered . If the judge terminated the case without prejudice, it could be for many reasons, but the result is that you are not in removal proceedings.

    The answers to your other questions depends on why the judge terminated the case. Without prejudice does not mean they are prevented from putting you into removal proceedings again.

    Let me know if you have further questions.

    Sincerely,

    Rehan Alimohammad
    Attorney at Law & CPA

    Law Offices of Rehan Alimohammad, PC
    Houston Office: 281-340-2074
    Toll Free: 800-814-3920
    Fax: 866-240-0629
    www.attorneyrehan.com

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