Hi,
I came to US by marrying US citizen (2003 Sep), unfortunately my marriage end up in divorce. As everyone knows my conditional permanent resident card expired after 2 yrs. I filed I-751 (Aug-2005) under extreme hardship clause because we were separated that time, out divorce was not finalized. I got divorce two months after I file I-751 (Oct-2005). Again my attorney filed I-751 with good faith of marriage clause (this part I am not sure, my attorney is saying he file I-751 with divorce decree). Feb 2006 USCIS ask additional evidence of extreme hardship this time my attorney sends few affidavits and my divorce decree by saying this case is not under extreme hard ship. I had an interview with USCIS office at Sep 2006; in my interview also we mentioned this I-751 is under good faith of marriage. Feb 2007 I got I-751 denial letter, in my denial its saying hardship found but couldn’t find extreme hardship so my petition is denying . Actually they made decision under wrong ground; I was not looking for extreme hardship but good faith of marriage. My attorney is saying we file a motion to reopen the case and I am in that process. In this case I have few questions
1. By filing motion to reopen can I get my lawful status back? Denial letter saying I don’t have right resided and work in US
2. Can I file motion to reopen and H1 same time?
3. Do they accept my MTR?
4. I have a chance to review my case in front of immigration judge if my MTR is denied but how long it’s going to take? Also am I ruining the chance to get back US through H1 visa by staying here unlawful till the decision of my MTR or immigration judge?
5. In my denial circumstances, do I have a right to continue my job? Consider I filed MTR and got a receipt from USCIS.
Please help me in this situation. I have to make a decision soon.
I came to US by marrying US citizen (2003 Sep), unfortunately my marriage end up in divorce. As everyone knows my conditional permanent resident card expired after 2 yrs. I filed I-751 (Aug-2005) under extreme hardship clause because we were separated that time, out divorce was not finalized. I got divorce two months after I file I-751 (Oct-2005). Again my attorney filed I-751 with good faith of marriage clause (this part I am not sure, my attorney is saying he file I-751 with divorce decree). Feb 2006 USCIS ask additional evidence of extreme hardship this time my attorney sends few affidavits and my divorce decree by saying this case is not under extreme hard ship. I had an interview with USCIS office at Sep 2006; in my interview also we mentioned this I-751 is under good faith of marriage. Feb 2007 I got I-751 denial letter, in my denial its saying hardship found but couldn’t find extreme hardship so my petition is denying . Actually they made decision under wrong ground; I was not looking for extreme hardship but good faith of marriage. My attorney is saying we file a motion to reopen the case and I am in that process. In this case I have few questions
1. By filing motion to reopen can I get my lawful status back? Denial letter saying I don’t have right resided and work in US
2. Can I file motion to reopen and H1 same time?
3. Do they accept my MTR?
4. I have a chance to review my case in front of immigration judge if my MTR is denied but how long it’s going to take? Also am I ruining the chance to get back US through H1 visa by staying here unlawful till the decision of my MTR or immigration judge?
5. In my denial circumstances, do I have a right to continue my job? Consider I filed MTR and got a receipt from USCIS.
Please help me in this situation. I have to make a decision soon.