Divorce/Expired Conditional Green Card- Rights??

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sfsara

Registered Users (C)
I have a conditional green card through a marriage, which expires in January. Unfortunately we are currently going through a divorce, so can't renew, and my ex-husband will not be willing to file any papers or go to a meeting to prove our relationship was real.

I have received advice from USCIS that I can remain past the expiration date, and that they will contact me for a court hearing. However, what are my rights and/or options during this time? How long will I be able to stay in the U.S.? Is there any way to continue working legally before the court date? What should I expect from the court hearing?

Finally, if they choose to start deportation proceedings, is there an option to leave the country by my own free will, i.e. not tarnish my immigration record with a deportation?

Thanks in advance for your help and advice!
 
How exactly did USCIS advise you? You are supposed to file an I-751 before your conditional GC expires. Even if you cannot file a joint application, file one with a waiver.

sfsara said:
I have received advice from USCIS that I can remain past the expiration date, and that they will contact me for a court hearing.
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You can physically stay in the US beyond your card expiration, but not legally if you have not filed the I-751. If you voluntarily leave the US before the card expires in January, your immigration record will remain clean (apart from any other immigration issues in your past). But if you go past that without filing the I-751, especially if you let them go as far as taking you to court, you are risking being banned from the US for several years. So if you plan to stay beyond its expiration, see an immigration lawyer ASAP about filing the I-751 with a waiver before the card expires.
 
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sfsara said:
I have a conditional green card through a marriage, which expires in January. Unfortunately we are currently going through a divorce, so can't renew, and my ex-husband will not be willing to file any papers or go to a meeting to prove our relationship was real.

I have received advice from USCIS that I can remain past the expiration date, and that they will contact me for a court hearing. However, what are my rights and/or options during this time? How long will I be able to stay in the U.S.? Is there any way to continue working legally before the court date? What should I expect from the court hearing?

Finally, if they choose to start deportation proceedings, is there an option to leave the country by my own free will, i.e. not tarnish my immigration record with a deportation?

Thanks in advance for your help and advice!
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USCIS will send you a removal based on the expiry of your green card and failure to file the waiver. For this removal you will need a lawyer who can help you file and represent you in court proceedings based on the pending good faith waiver. Then depending on the USCIS approval or denial of your waiver, your status will be permanent or temporary. The lawyer can ask voluntary departure for you, and then judge will give you time to depart. You have all rights even if your in removal.
 
You can physically stay in the US beyond your card expiration, but not legally if you have not filed the I-751.
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Wrong! You can remain legally and work even if you haven't filed, even if you have to see a judge. As a matter of fact the judge in court will wait till the OP gets his decree and file the waiver.


If you voluntarily leave the US before the card expires in January, your immigration record will remain clean (apart from any other immigration issues in your past).
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Wrong! His immigration record is effected only if the judge in court finds him guilty of the accusations and reasons of removal. The card expiry has no effect on his record.


But if you go past that without filing the I-751, especially if you let them go as far as taking you to court, you are risking being banned from the US for several years.
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Wrong! The judge will wait till the 751 is filed. Banning at this stage is now where near the horizon.

So if you plan to stay beyond its expiration, see an immigration lawyer ASAP about filing the I-751 with a waiver before the card expires.
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Right! Finally, its a pleasure to agree with you.


Your marvelous response to the OP is like the misleading "jack in the box" toy.:)
How efficiently they spring up to scare their victims. But here wrong advice can put the immigrant in real danger.
 
khayyam said:
USCIS will send you a removal based on the expiry of your green card and failure to file the waiver. For this removal you will need a lawyer who can help you file and represent you in court proceedings based on the pending good faith waiver. Then depending on the USCIS approval or denial of your waiver, your status will be permanent or temporary. The lawyer can ask voluntary departure for you, and then judge will give you time to depart. You have all rights even if your in removal.
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Yes, but why even bother going this far? The OP should file the I-751 prior to the two years.
 
I am a bit confused now with all of the answers.Mr khayyam, I have a few questions adding to such a situation.
When you mean you can stay legally and work legally how can someone work legally after the greencard is expired? Will it not be an issue for employers to have hired a guy whose valid status is only till a certain date.I am talking of full time professional jobs here.
If joint I 751 is filed on time but marriage starts breaking within the 3 to 6 month period of its processing time.What can the immigrant do in such situations where the spouse is not willing to attend the interview.
Can he apply for I 751 waiver after the 2 year expiration date is over and withdraw the joint one at that time. Even in this case the waiver has to be applied only after divorce is finalized which could take more than a year sometimes.
Or wait for the joint application processing time attend the interview if any and reveal the situation there ?
I am sorry to use this thread for my questions but i thought this would be relevant.
 
TheRealCanadian said:
Yes, but why even bother going this far? The OP should file the I-751 prior to the two years.
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Yes, your right. Its best not to wait, but considering the OPs post he seems to have his divorced settle only after the green card expires.

What make you think otherwise? The post is clear.
 
I am a bit confused now with all of the answers.Mr khayyam, I have a few questions adding to such a situation.
When you mean you can stay legally and work legally how can someone work legally after the greencard is expired? Will it not be an issue for employers to have hired a guy whose valid status is only till a certain date.I am talking of full time professional jobs here.
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The plastic card expires, but your status can only be revoked by an immigration judge period. No issues, the local USCIS will be happy to offer you an ADIT stamp for work and travel even if an waiver is DENIED, a REMOVAL is issued. Employers should be OK with the ADIT stamp. Aliens in removal with pending hearings have legal rights as these hearings take years.

if joint I 751 is filed on time but marriage starts breaking within the 3 to 6 month period of its processing time.What can the immigrant do in such situations where the spouse is not willing to attend the interview.
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The application can be changed into a waiver before the interview if the alien is official divorced. If still in proceedings, the joint application will be denied without USC spouse.


Can he apply for I 751 waiver after the 2 year expiration date is over and withdraw the joint one at that time. Even in this case the waiver has to be applied only after divorce is finalized which could take more than a year sometimes.
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Yes, there is a new memo to accommodate these changes from joint to waiver.


Or wait for the joint application processing time attend the interview if any and reveal the situation there ?
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Well at the interview you better have your wife or the divorce decree to append the application. Both missing, you will be denied.

I am sorry to use this thread for my questions but i thought this would be relevant.[/QUOTE]
 
khayyam said:
I am a bit confused now with all of the answers.Mr khayyam, I have a few questions adding to such a situation.


The plastic card expires, but your status can only be revoked by an immigration judge period. No issues, the local USCIS will be happy to offer you an ADIT stamp for work and travel even if an waiver is DENIED, a REMOVAL is issued.
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[/QUOTE]

Interesting fact. Do you have any reference for this anywhere?
 
hi


Interesting fact. Do you have any reference for this anywhere?
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Interesting to few, enlightening to many. Google is your best friend for case law and USCIS protocol.

Do a search based on : Removal, I751 denied, and legal rights. You will be further enlightened with interesting information.
 
Khayyam,
Thanks for your responses.One last question if its ok with you :).Everything is hypothetical but what are the options for a guy whose joint I 751 is denied due to lack of divorce decree or absence of spouse.Will I 751 waiver still be an option or one can kiss their immigration goodbye ?
 
Everything is hypothetical but what are the options for a guy whose joint I 751 is denied due to lack of divorce decree or absence of spouse.Will I 751 waiver still be an option or one can kiss their immigration goodbye ?
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Sm.

Read my above post carefully. The denial of the application puts the guy into removal. Filing a waiver with the USCIS is still an option at removal as long as he has a decree or claims abuse.
 
Thank you,
Clears lot of doubts.Basically USCIS considers a lot before sending a conditional greencard holder home.One thing that perplexes me is A marriage that was considered bonafide at the time of initial gc interview by A USCIS official why is there so much pressure again to prove it was "entered into good faith" at 751 time.I just look at it as one more way of making 500 dollars or whatever the fees is.
 
sfsara said:
and my ex-husband will not be willing to file any papers or go to a meeting to prove our relationship was real.
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its sad and depressing to see how a spouse that once was truly married and loved another one, now dont give a shit what will happen in the future with her once loved one. its wrong, painfull, there should be some sort of website to put all those "great" humanbeings, so the future wife of your husband will get real before marrying a total loser and selfish bastard!
 
It is easy to put on a show for 6 months than it is for 2 years for example. That is why USCIS wants to re-visit it.

smiriyal said:
A marriage that was considered bonafide at the time of initial gc interview by A USCIS official why is there so much pressure again to prove it was "entered into good faith" at 751 time.
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Hi all,

Thanks so much for all of your advice. It has given me a lot of optimism and peace-of-mind to know that I can apply for a ADIT stamp and continue to work, as well as there being a good chance that if I can prove to the judge that it was a good faith marriage, that things may be okay.

Again, thank you, and I'll update this post with any further questions if anything else arises.
 
Your conditional GC expires in January. So you still have the opportunity to file the I-751 before it expires, rather than being taken to court (where they could make your life hell if you don't have a lawyer, or cost you thousands of dollars to pay for a lawyer).
 
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