Hi, my conditional green card and social security card has been stolen. I got conditional GC 1 year ago and got divorced one month ago, because he was abusive and now he is made to pay alimony too. As my last name has been changed to his, I still have my previous SSN card, New driving license and work authorization card. Should I just file the online form for stolen card? Also I have been advised that I can apply for 10 years GC right after my divorce, is it possible now? Do I need an attorney?
1. " Should I just file the online form for stolen card? " Get a Police Report for every stolen item and avoid filing anything "online."
2. " Also I have been advised that I can apply for 10 years GC right after my divorce, is it possible now? " Yes, you are eligible to self-petition for the "removal of conditions" on your temporary, conditional LPR status valid for only 2 years PRIOR to its expiration, at anytime after having obtained your divorce.
You will need to apply for the Form I-751 Removal of Conditions, seeking a Waiver of its joint filing requirement by claiming "good faith marriage" (at inception), as well as "psychological/mental abuse"; etc. Better work directly with a lawyer ASAP, for preparing and filing an "approveable when filed" I-751 is not easy nor simple, a lot will ride on your personal declaration, as well as other documentary evidence your lawyer will help you obtain/create.
Last, but not least on a Waiver case you are all but guaranteed to be called-in for a personal interview at your local CIS office, and these interviews typically take 2.5 hours and can be pretty nasty. Don't want to appear there on your own, without a lawyer.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and 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.
A conditional resident is eligible to self-petition for the "removal of conditions" anytime after having obtained a divorce.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
You will need to apply for the I-751 Removal of Conditions with divorce waiver. It is very complicated. Please consult with an immigration lawyer.
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