Immigration Voice

		Immigration Voice > Ask an Attorney - > FREE Lawyer conference calls
Divorce Between Conditional and Permanent Residency - No Citizenship

FREE Lawyer conference calls This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Donation Goal

Goal amount for this month: 10000 USD, Received: 1340 USD (13%)

Donate Now

Please contribute to Immigration Voice.

Legend: Active Tags Preferred Tags Tag Cloud (Top 70 Tags)
140 140 approved 221g 401k 485 485 denied 485 rfe ac21 ac 21 advance parole aos birth certificate canada cir citizenship cos denial denied divorce ead eb2 eb3 economy extension f-1 f1 visa foia grassley green card greencard h-1b h1 to h4 h1 visa h1-b h1b h1b extension h1b to h4 h1b transfer i-94 i-131 i-140 i-140 approved i-485 i-485 rfe i94 i140 i485 immigration india job change labor layoff lca marriage opt out of status passport perm priority date renewal rfe stamping status tax transfer travel uscis visa visitor visa wake up

Legend: Active Tags Preferred Tags

Tags

citizenship , conditional , divorce , marriage , permanent residence

LinkBack

Thread Tools

Display Modes

#1 (permalink)

09-20-2009, 09:57 PM

LegallyWise LegallyWise is offline

Junior Member

Priority Date	:
Category	:	N/A
I140 Mailed Date	:

Chargeability	:
Processing Stage	:
I485 Mailed Date	:

Join Date: Sep 2009

Posts: 3

Divorce Between Conditional and Permanent Residency - No Citizenship

I would appreciate a response to my immigration questions as discussed below from anyone knowledgeable on the nuances.

I immigrated here at the age of 5 (in 1988) with my parents. We overstayed our visitor visas.

In 2004, I married my high-school sweetheart, he petitioned for me and in 11/2005 we interviewed and I obtained my conditional permanent residence.

In 9/2007, we signed the documents to convert my conditional to legal permanent residence. I became a legal permanent resident in 8/2008.

After the signing by both parties but prior to receiving permanent residence, in 10/2007, he filed for divorce claiming constructive abandonment for 10 months. This was not what happened, and I was legally unwise, so I did nothing and signed the papers. I consulted my immigration counsel (in 8/2008 after receiving legal permanent residency) and the paralegal gave me the roundabout about having to see the divorce papers and he said that I may be penalized for the divorce at the time I apply for citizenship because of the 10-month constructive abandonment provision.

I consulted with another immigration lawyer who said this would not be a problem at all.

I have left the situation alone until now. I am looking to leave the my current immigration counsel due to their incompetence.

1. When can I become a citizen (do I have to wait 5 years from 11/2005 due to the divorce)?
2. What are the foreseeable problems when I apply for citizenship?
3. Do I have to take any other steps?

I look forward to any responses on this and appreciate the help in advance.

Thank you.

Bookmarks

« Previous Thread | Next Thread »

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Posting Rules
You may not post new threads You may not post replies You may not post attachments You may not edit your posts BB code is On Smilies are On [IMG] code is On HTML code is Off Trackbacks are Off Pingbacks are Off Refbacks are On

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
divorce before file for remove	moniquetrinh	FREE Lawyer conference calls	0	08-31-2009 01:16 PM
I- 485 status after divorce	rekhadh	RFEs and specific queries	17	06-14-2009 12:35 PM
I-485 and divorce.	balan2008	All other Green Card Issues	12	07-08-2008 05:41 PM
485 applied and Divorce in process	140jibjab	All other Green Card Issues	39	05-15-2008 11:30 PM
Help needed Strange Situation. Divorce	chinnathambi	Travel out of country and re-entry during/after 485 filing	34	04-23-2008 03:06 AM

All times are GMT -5. The time now is 07:20 AM.