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Old 09-20-2009, 10:00 PM
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Default Divorce Between Conditional and Permanent Residency - Now 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.
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  #2 (permalink)  
Old 09-20-2009, 10:15 PM
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  #3 (permalink)  
Old 09-21-2009, 12:58 AM
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In what US state did you get married?

Quote:
Originally Posted by LegallyWise View Post
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.
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  #4 (permalink)  
Old 09-21-2009, 01:06 AM
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