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Do I have right to apply on I 751 since I m currently in Montenegro (EU) with child since my ex husband forced me to leave US?

Gilbert, AZ |

I was married tu US for 2 years in Arizona, and we have child together. He forced me to leave US and I had a green card on 2 years and expired last March. Since we are in Montenegro I would like to know is there a chance to apply from this country and do I have chance?

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Attorney answers 3


No. you might have already "abandoned" your residence.

Ask the person whom you made to post this message to consult with a lawyer in AZ.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


You should have consulted with an attorney before you left the US.

I am not sure how your husband "forced" you to leave the country, but the issue is that your green card expired almost 8 months ago (if you mean 2012 or 1 year and 8 months if you mean 2011). In order to file a I-751 late you need to show the reason why you are filing late, the fact that you left the US, even under threat might not justify filing so late.

Although there is no requirement to be physically present in the US at the time you file, you will be required to return to the US to undergo biometrics or the interview. Also, if you list a foreign address on the application, USCIS will hold your case until you report that you have moved back to the US.

It is very doubtful that your will be allowed to enter the US, now that your green card has expires, so filing that filing the I-751 will probably not help.

Law Office of Marc Taylor, Esq. PC,, 888-645-6272, , 224 W. 4th Street, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



Contact the US Consul in Montenegro:

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.