Conditional Green Card expired in 2000, help!

H

helpmygf

New Member
Hello,

My girlfriend is from the Philippines and her Green Card expired in 2000, so she's currently out of status. She is not currently in deportation proceedings according to the 800 number. Here's the history:

In 1995 she married a US citizen in the Philippines, she had two children prior to the marriage. They lived abroad and then entered the United States in 1998 via Korea. At that time, she, along with the children, were issued green cards with a two year restriction.

The marriage did not last and the divorce was finalized in 2001. Up until the divorce they resided together in Northern California in military housing. Her green card was never renewed, she never remarried, and she never left the country.

The oldest will turn 21 next year, and the youngest is 14. After the marriage, she gave birth to two more children. Obviously both of them are considered US citizens.

During the gap between 2000 and 2008 she's been working as a bartender mostly under the table.

How can we straighten this mess out?

Has anyone experienced this, or know a good lawyer that can handle this? We're located in San Diego, CA.

Thanks!
 
Last edited by a moderator:
helpmygf said:
Hello,

My girlfriend is from the Philippines and her Green Card expired in 2000, so she's currently out of status. She is not currently in deportation proceedings according to the 800 number. Here's the history:

In 1995 she married a US citizen in the Philippines, she had two children prior to the marriage. They lived abroad and then entered the United States in 1998 via Korea. At that time, she, along with the children, were issued green cards with a two year restriction.

The marriage did not last and the divorce was finalized in 2001. Up until the divorce they resided together in Northern California in military housing. Her green card was never renewed, she never remarried, and she never left the country.

The oldest will turn 21 next year, and the youngest is 14. After the marriage, she gave birth to two more children. Obviously both of them are considered US citizens.

During the gap between 2000 and 2008 she's been working as a bartender mostly under the table.

How can we straighten this mess out?

Has anyone experienced this, or know a good lawyer that can handle this? We're located in San Diego, CA.

Thanks!
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You might be able to help her IF you are USC and thinking about marrying her.other than that I guess it would be tough.
 
She has a couple of issues:
1) she overstayed because she didn't file an I-751 on time.
2) she worked under the table, without a work permit
3) if she didn't file taxes for her job, then she also committed tax evasion

An immigration lawyer may be able to appeal for forgiveness on humanitarian grounds for issues #1 and #2 due to potential hardship on her citizen children.

If you marry her, then #1 goes away, and #2 may either go away or be easier to appeal on humanitarian grounds.

In either case, #3 will be difficult, at a minimum she'll have to pay full back taxes and penalties in order to get a green card. There may be other tax fines/jail time - I don't know.

Agree with others, this is complex and a good lawyer with family immigration appeal background is a necessity.

-ML
 
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