Removing Conditions while in Removal Proceedings

[wannabcitizen 0]

Hey all

I'm new to the forum. Hopefully someone can help me.

My story in a nutshell. Been with my US citizen husband for 10 yrs, married for 7. Got my 2yr conditional GC in 2006 and we were to remove conditions in 2008. We did not do so (its a long story, believe me). I was put in removal proceedings with a final order but retained an attorney who managed to get the case reopened.

Hubby and I did joint petition for removal of conditions jan 2010. During the last yr however, i decided i wanted a divorce (long story, my hubby has issues which he has admitted to) and started the process. However, a month after initiating divorce, i got an letter for an interview to appear WITH hubby for removal of conditions. I decided to go to interview alone. It went ok. I was not in the least bit nervous.

My lawyer is recommending changing to a waiver and says i can either do waiver with divorce or waiver with abuse/cruelty. My question is, which is better? I was also told my green card date (if approved) would be 2011 and i will be eligible for citizenship in 2016. I thought since my first gc was granted in 2006, then i would be eligible for citizenship this yr (as soon as successfully removed conditions).

I am getting conflicting info. Which is correct? Any help is appreciated!

[^KK^ 3]

I hope someone can help.

Will you be able to prove the abuse? I hope they understand that sometime marriages doesn't workout.

[LIFE'SJOURNEY 970]

This is an easy answer, the time that COUNTS TOWARD CITIZENSHIP WOULD BE THE TIME THAT YOU WERE IN A LEGAL STATUS AS BEING A LPR. Therefore when your 2 yr CC expired, you were no longer considered a legal permanent resident. You cannot count the time that you where in an illegal status toward time for citizenship.

[katiemanny 64]

you've been married to a US Citizen for 7 years, you got your green card in 2006, and was in removal proceeding for not lifting condition and your husband file jointly, now you want to file for divorce, your lawyer is telling you to file for waiver cause its easier or claim abuse.

If your marriage was more than 2 years, you should have receive a 10 years GC without the conditional GC, that's for spouse who been married less than 2 years to a USC.

I really don't know where to begin giving you any advice, something its not adding up. Its 2011 its been 3 years since you should have lifted condition

[wannabcitizen 0]

you've been married to a US Citizen for 7 years, you got your green card in 2006, and was in removal proceeding for not lifting condition and your husband file jointly, now you want to file for divorce, your lawyer is telling you to file for waiver cause its easier or claim abuse.

If your marriage was more than 2 years, you should have receive a 10 years GC without the conditional GC, that's for spouse who been married less than 2 years to a USC.

I really don't know where to begin giving you any advice, something its not adding up. Its 2011 its been 3 years since you should have lifted condition

let me clarify.

we were married in aug 2004 after dating for 3yrs.got 2yr gc in may2006 (3mths shy of 2ys being married). my husband became an addict (due to a situation which i will not go into but we have solid proof of). we didnt remove conditions as i was taking care of him during this time and he was my top priority, not immigration. i didnt know about deportation till the end of 2009. lawyer filed motion to reopen in jan 2010. it was granted. we filed jointly for i-751 to remove conditions. this was a little over a yr ago but during that time his addiction has become worse and i filed for divorce march 2011. got letter for interview (joint with husband) in april 2011 AFTER i decided i wanted divorce.

My husband has admitted his addiction/abuse and we have credible proof. As of today , i am still married, still love my husband but his addiction is far gone and he is becoming violent. he even threatened cops and has been arrested about 4times for various felonies. He was squeeky clean when we met but his addiction has caused a change in him.

Hope that clarifies. Any help is appreciated.

[JimVaPhuong 4,863]

I'd hold off on using the VAWA route unless the self-petitioned I-751 fails. VAWA requires the same evidence as removing conditions based on divorce, with the additional requirement of proof of the abuse. It's a tougher row to hoe. On the other hand, I'd include evidence of the abuse as the reason for the divorce. I'm just thinking it might be more persuasive to the IO if they see you'll probably follow with a VAWA claim if the ROC falls through.

You stop accumulating time toward being eligible for US citizenship when you have a gap in your permanent resident status. If the gap is large enough then you reset the clock, which is effectively what you've done.

[wannabcitizen 0]

I'd hold off on using the VAWA route unless the self-petitioned I-751 fails. VAWA requires the same evidence as removing conditions based on divorce, with the additional requirement of proof of the abuse. It's a tougher row to hoe. On the other hand, I'd include evidence of the abuse as the reason for the divorce. I'm just thinking it might be more persuasive to the IO if they see you'll probably follow with a VAWA claim if the ROC falls through.

You stop accumulating time toward being eligible for US citizenship when you have a gap in your permanent resident status. If the gap is large enough then you reset the clock, which is effectively what you've done.

Thank you for your reply! You have explained it much clearer than my attorney has!

[wannabcitizen 0]

This is an easy answer, the time that COUNTS TOWARD CITIZENSHIP WOULD BE THE TIME THAT YOU WERE IN A LEGAL STATUS AS BEING A LPR. Therefore when your 2 yr CC expired, you were no longer considered a legal permanent resident. You cannot count the time that you where in an illegal status toward time for citizenship.

Thank you for replying!

Thanx to all who helped ! I will update as soon as I have decided what to do!