I -751 petition to remove conditions denied & Immigration court question

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DazAfrika

Registered Users (C)
Hi all

I have been in the US since 2002 coming in on a Student F1 visa. I met a woman with 3 kids whilst studying and we after living together for a yr got married in Dallas texas, where we lived.

After 4 yrs of marriage and issues with her ex husband who never payed any child support while we were married(and still saw his kids which i was not happy about but could not do anything), me and my wife split up as she left me for another man. So married with her 3 kids she replaced me after 5 yrs with somebody else.
We stayed married for over 2 yrs till stubbornly i payed for the divorce proceedings whilst living in SF where i had moved for a fresh start.

In the meanwhile i had earlier forgotten to get my Permanent Resident Card renewed. It overslipped my mind during my seperation from wife and kids who her 2 young girls had become accustomed to me. I was driving to and from school, met school teachers,went to church with wife,kids and her big texas family, even travelled around the state and to california whilst married.

So forgetting to renew my Permanent residence card i got a letter saying i had to submit paperwork to remove conditions as i was suddenly out of status(only temporary). I used my lawyer that we used for my marriage paperwork for that and on arriving in San Francisco i got a letter saying that was denied. And that i would get a letter soon for a date for " subject to removal from the US pursuant to the following"
Section 237 of the Immigration & nationality Act, as amended, in that after admission or adjustment as an alien lawfully admitted for permanent residence on a conditional basis under section 216 of the act your status was terminated under such section"

So knowing i will get a date i finally got one for Oct 16 later this yr.
So im working and currently looking to get a better job as SF is expensive and i moved this last weekend and when applying to get my old Comcast account reopened they at Comcast said it was not my Social security number anymore. They were confused to.

So knowing i would need an attorney for my Pending Court Case, which i had one in mind but was trying to save up for..
Is my work permit gone now?
I made an Infopass appt for march 11th, the earliest i could get to ask them.

When at an Infopass appt last yr when this all started they told me they only take away my work permit and right to live here if i lose the case. So i have to defend myself as i have all necessary proof/or paperwork evidence/photos etc of a Legit marriage so im not worried on that. My father in law was a church minister and even signed a letter of Oath after the marriage saying he would in court back me as a legit ex son in law.
 
You say you failed to file and got a reminder, filed late (you did not mention filing for a waiver) and it was denied so now, you will have to tell it to the judge:

8 CFR § 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(a) Filing the petition

—(1) General procedures. Within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained permanent residence, the alien and the alien's spouse who filed the original immigrant visa petition or fiance/fiancee petition through which the alien obtained permanent residence must file a Petition to Remove the Conditions on Residence (Form I–751) with the Service. The petition shall be filed within this time period regardless of the amount of physical presence which the alien has accumulated in the United States. Before Form I–751 may be considered as properly filed, it must be accompanied by the fee required under §103.7(b) of this chapter and by documentation as described in paragraph (a)(5) of this section, and it must be properly signed by the alien and the alien's spouse. If the joint petition cannot be filed due to the termination of the marriage through annulment, divorce, or the death of the petitioning spouse, or if the petitioning spouse refuses to join in the filing of the petition, the conditional permanent resident may apply for a waiver of the requirement to file the joint petition in accordance with the provisions of §216.5 of this part. Upon receipt of a properly filed Form I–751, the alien's conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.

(6) Termination of status for failure to file petition. Failure to properly file Form I–751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States. In such proceedings the burden shall be on the alien to establish that he or she complied with the requirement to file the joint petition within the designated period. Form I–751 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file Form I–751 within the required time period. If the joint petition is filed prior to the jurisdiction vesting with the immigration judge in removal proceedings and the director excuses the late filing and approves the petition, he or she shall restore the alien's permanent residence status, remove the conditional basis of such status and cancel any outstanding notice to appear in accordance with §239.2 of this chapter. If the joint petition is not filed until after jurisdiction vests with the immigration judge, the immigration judge may terminate the matter upon joint motion by the alien and the Service.
 
thank you that is all correct but until the court date i have to live and work so i can save up for an attorney. I have lived here since Nov 2002. I been married, raised a family not mine, had unemployment etc. Now i found out Comcast would not let me order a service as my Social Security card to them was not working even though i had service with them before.

Now as the Immigration Court process has to prove my marriage was not legit so in the meanwhile i still unsure of my work permit and situation?? My court date is Oct 16th, my next Infopass meeting is March 11th - I am currently interviewing to get a better job than what I have

Can u anyone in similar situation advise me? thanx
 
You didn't say what your green card was based on. If you got it based on your marriage to that woman, and you did not file to remove the condition, and in the mean time your green card expired, you will be fighting an uphill battle. You'll need to check into cancellation of removal for non immigrant alien. However since you did not have any US citizen kids in that mariage or otherwise. It will be almost impossible to win. You need to get a good lawyer.

Good Luck.
 
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