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Grace Hoppin’s Answers

3 total

  • Divorce before Receiving Green Card - what happens to the spouse's green card?

    My Wife has applied for a green card through her employer. As her Husband, I've been added to her application. We married in Jan 2005. Unfortunately, we are contemplating a divorce, Our Application of I-485 is pending and we have already renewed t...

    Grace’s Answer

    If you divorce before your I-485 is approved, you will lose your eligibility for the green card as your wife's dependent. You can use the EAD to work at this time, but there is no way for you to continue the green card application unless you can qualify for sponsorship on your own. (i.e., an employer is willing to petition you for green card sponsorship.)

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  • J1 Visa with 2 yr-rule residency requirement

    I have a J1 Visa and with 2-yr residency rule. I will be getting married next week to a US citizen. However he's under probation for some reason. My questions are, can I waive my 2-yr residency when I get married and how long usually it takes for ...

    Grace’s Answer

    Whether you can get a waiver of the 2 year home residency rule depends on why you are subject to the rule. For example, if you are subject because your J-1 visa is based on government funds, it may be all but impossible to get a waiver; if you are subject because your country is on the J-1 skills list, getting a waiver requires a no objection letter from your home country.

    You are not eligible for a waiver simply based on marriage to a US citizen. It is possible to get a waiver based on extreme hardship to a US citizen spouse; however, you don't enumerate any factors here that address any hardship to your spouse if you were required to return to your home country.

    With regards to your spouse's probation, without knowing why he's on probation, there's no way to address whether this might have an impact on your case.

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  • Conditional green card and unemployment benefit

    I got married to the u.s citizen and we are in process for the conditional green card. before I got married, i worked in the state as a h-1 visa worker and laid off right before the wedding. I try to apply unemployment benefit after I get a cond...

    Grace’s Answer

    Generally, unemployment benefits are not considered a means-tested benefit by USCIS, and they should not impact your ability to immigrate. If you were employed, and paid in the required contributions for unemployment insurance, you should be able to draw unemployment benefits now, assuming that you have received either your conditional permanent resident card, or your temporary employment authorization document.

    Please note that you need to check with the unemployment insurance office in your state to determine whether you are eligible for these benefits.

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