Divorce before Conditional Removal

[ZirZai 36]

I have actually heard off a case in which a USC wife had doubts her husband married her for the GC and so let USCIS know of these fears I guess. When the time came to remove conditions on the 2 years GC for the husband they somehow converted it to an eight years 'conditional' green card... It sounds strange but it definitely happens.

[VNN 147]

12 hours ago, Pkr said:

Do they actually keep extending a conditional greencard for so many years ? Does this really happen?

I read online stories regarding of this issue (thanked to agrabs), some got 15 years. The situation can be changed in case my cousin gets married, however, she must file motion for termination/cancellation of supervision (I am not sure "termination" or "cancellation" should be used here) so USCIS can regain their jurisdiction to decide if her marriage is bona fide and allow her to AOS.   It is a complicated/costly process.

 

13 hours ago, agrabs said:

 

It sounds like she was denied roc and in removal proceedings with a deferred deportation option where she was under the supervision of ICE and needed to check in every 2years

 

http://www.charlottelaw.net/osup

 

[NikLR 13,232]

Super honest here, this is far beyond the scope of a DIY forum.  She needs a good lawyer. 

[VNN 147]

Just now, NikLR said:

Super honest here, this is far beyond the scope of a DIY forum.  She needs a good lawyer. 

She has one but started to have some doubt  It is up to her if she decides to fire her current and get new one. 

[NikLR 13,232]

1 minute ago, RTLE said:

She has one but started to have some doubt  It is up to her if she decides to fire her current and get new one. 

That's why I said a GOOD lawyer.  I didn't say A lawyer. 

[WandY 430]

On 9/20/2018 at 7:28 PM, Pkr said:

Do they actually keep extending a conditional greencard for so many years ? Does this really happen?

No. If they were going to deport, they would deport and not give GC. Sounds like she doesn't know what is going on and her lawyer is incompetent. Unless she's swirling around in some odd legal vortex, I think something else is going on. Maybe contact the ACLU.

[xillini 71]

If she is checking-in to ICE, I am quite sure she was given discretion by ICE for deferred action for deportation, which is often given by ICE when the specific case 1) is not easy to win final deportation by immigration judge when conflicting evidence suggest that the likelihood to win the final removal order is slim, 2) when the case is beneficial for humanitarian purpose (this often means when deportation would create social controversy when the subject was primary caregiver to USC child or parents, or family) 3) when the immigrant's country of origin refuse to take the immigrants from final removal order and therefore, practically not able to enforce the order (it is violation of international laws if law enforcement of one country just leaves subjects to no-sovereignty region like empty sea or air space (like how Russians take care of Somalian pirates).

 

This ICE's decision can be reversed if immigration judge make different decision, so first of all, OP's family need to consult with experienced attorney about the specifics of the case and it should go from there. 

But, it should be taken note that theoretically, it is possible, but practically speaking, having to take first hearing in immigration court takes couple of years, so once ICE learns that OP's family bring the case to immigration court, ICE will probably be interested in enforcing the final removal, meaning that physically deport her, because deferred action for deportation may be reversed by ICE itself as well unless her country of origins refuse to take it. (Many thing work in theory, but not all thing work in practice, and when it comes to immigration topics, it is hard to say even though theory clearly supports many facts...) 

[APOLONIA 1]

On 9/21/2018 at 2:59 AM, RTLE said:

The fact that it gets extended every 2 years must be true, as she has been going to USCIS office every two years for that (unless she lied to us).  However, the fact that she could not take N-400 could be big question mark (after hearing from forum members).  I will convince her send her case to me so I can review with my company lawyer to get some idea so she can fire her current lawyer and find a new one if needed.

Hello Sir, 

We have to submit documents to remove condition after divorce by end of January 2019 . We need to hire a lawyer as such I request if you can help to find a lawyer for us for a reasonable fee, who has experience in this field .  We are waiting for your response. Thanks in advance. 

[VNN 147]

39 minutes ago, APOLONIA said:

Hello Sir, 

We have to submit documents to remove condition after divorce by end of January 2019 . We need to hire a lawyer as such I request if you can help to find a lawyer for us for a reasonable fee, who has experience in this field .  We are waiting for your response. Thanks in advance. 

To be honest, I do not know any good immigration lawyer.  My cousin and my mother experienced bad lawyers in the past so I know a few bad ones.

[kid1412 62]

I know the BEST immigration attorney in the country. Please contact her. 

 

https://dyanwilliamslaw.com/