Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > FREE Lawyer conference calls
Click to log in with Facebook
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conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.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.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 11-04-2009, 04:06 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2009
Posts: 6
Catherine can only hope to improve
Question Immigration/Divorce: Green card conditions removed when I can't prove the abuse?

Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

Many thanks in advance for all help and advice.

P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 11-04-2009, 11:54 AM
Junior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
11/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/14/2007
Compare
Join Date: Jan 2006
Posts: 21
flresident is a glorious beacon of light flresident is a glorious beacon of light flresident is a glorious beacon of light flresident is a glorious beacon of light flresident is a glorious beacon of light
Default

Contact local domestic violence against women groups. they would help you out with legal, accommodation and rest of the process.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #3 (permalink)  
Old 11-18-2009, 02:34 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2009
Posts: 6
Catherine can only hope to improve
Default Thank you, flresident. Any other suggestions?

Thank you flresident, I really appreciate the advice. Unfortunately the group I had been getting some help from had to cut a number of services when their funding was cut a couple months ago. All the other help and advice I've received from those quarters has either led to a dead-end or provided me with exactly the kind of conflicting advice I mentioned. Nonetheless, I do thank you for the idea.

I wonder if there are any other ideas out there? Thanks one and all.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 11-19-2009, 09:03 PM
Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
10/12/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Mar 2007
Posts: 90
memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute memyselfandus has a reputation beyond repute
Default Contact Seewa if ur around philadelphia PA

Seewa helps people who have undergone similar experiences as you did. Call them for advice and help. If they can't directly help you atleast they can refer to a proper organization that would.

SEWAA - Service and Education for Women Against Abuse

All the best.
__________________
Enjoy!!!

There are no strangers but friends waiting to be meet.

Labor : EB3 PD Sept. 2004
I-485 July 2nd Filed - WACXXXX - Case Transferred to NSC.
Moved EB3 to EB2 around Mid of May 2013
Green in August 2013.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 11-20-2009, 11:05 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
10/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jan 2009
Posts: 165
nousername is infamous around these parts
Default Something like this might help

Sorry to hear about your situation.. Your husbands b***s should be chopped for physically abusing you..

I'm not sure where you are based or which country you originally belong to but like in SF Bay Area (California) there is Indian Community Center which on Sunday's offer free legal advice. Here is the link Free Legal Clinic | Indiacc Home

You might have something like this around you live..

Good luck.

Quote:
Originally Posted by Catherine View Post
Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

Many thanks in advance for all help and advice.

P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
__________________
Disclaimer: I am not an attorney or immigration guru in anyway or form.
Contributions: Small contributions and participated in San Jose, CA rally. Contributed to 2009 campaign.
Reference: Have introduced few friends to IV.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 06-23-2010, 10:33 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jun 2010
Posts: 1
helterskelter is infamous around these parts helterskelter is infamous around these parts
Default

Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 06-23-2010, 11:40 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2009
Posts: 6
Catherine can only hope to improve
Default Thank you for the advice

Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

"Divorce Before Green Card Issued

Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver

The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.

Waivers often require an interview of the immigrant spouse to get approval."
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 06-23-2010, 11:46 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2009
Posts: 6
Catherine can only hope to improve
Default P.s.

The link and article are a little confusing in that they say that divorce does not affect immigration status once a green card has been issued. This is not always correct. I have a green card but it has conditions, i.e. an expiration date. This is what married couples have to apply to have removed after two years (actually in a 90 day window prior to the two year anniversary of receiving the card).

If you divorce prior to that date, you will be unable to file jointly (or at least, technically you shouldn't, though I've heard of some couples that may have done so as their relationship is still amicable) to have the conditions removed and attain unconditional residency.

Thus, you could have a green card (with conditions) and divorce WOULD affect your immigration status. As per the article, you would need then to file a waiver to have the conditions removed and keep your green card past its expiration date.

Hope that helps someone.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 06-27-2010, 11:44 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jun 2010
Posts: 6
Tazike is infamous around these parts Tazike is infamous around these parts Tazike is infamous around these parts Tazike is infamous around these parts Tazike is infamous around these parts Tazike is infamous around these parts
Default

I read an answer written by an immigration lawyer about this type of situation and according to him once the divorce is final the conditional green card is invalid effective that day. That means that the immigrant spouse becomes out of status and would lose her right to work. Because of this the immigrant spouse should apply for a waiver right away once the divorce is final. Staying here and working while being out of status can cause problems of its own.

It's generally true that getting divorced does not affect one's green card. The exception however is when a person has a conditional marriage based green card and gets divorced before the conditions are removed.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 06-28-2010, 01:16 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2009
Posts: 6
Catherine can only hope to improve
Default Thanks

Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.

I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.

Fingers crossed...
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


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

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 the issuance of green card jennym FREE Lawyer conference calls 1 10-01-2009 10:52 AM
Divorce before the green card arrives jennym FREE Lawyer conference calls 0 09-25-2009 04:23 AM
10 YR Green Card - Left Husband due to abuse huedecide Immigrant Visa 4 09-13-2009 10:36 PM
Divorce is more damaging to the environment than Immigration walking_dude News articles and reports 8 12-04-2007 09:56 PM
USCIS Removed the Receipting update amslonewolf All other Green Card Issues 0 08-06-2007 12:54 PM



All times are GMT -4. The time now is 05:05 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org