Is it worth to file I-751 to remove conditions from green card even after divorce?

[ulamba 0]

I completed my graduation in Bachelor of Science in software engineering in 2016 in Pakistan. I was married to U.S citizen in 2016 in Pakistan and then moved to United states on February 2017, got my conditional Green Card through Her. I started working there as IT Business Analyst till December 2017. After that I got another better position at Maryland, so I moved to MD. Unfortunately, my marriage didn't work out and got divorce from my wife in March 2018.Although marriage was ended in good faith - I was so depressed that my parents asked me to come to Pakistan and stay with them till I recover from myself this mishap. So I came to PK and lived with them.

But now I really wanna comeback to United States and get my self settle there. Since my conditional Green card has expired 2 months before (Feb-2019) But my drivers license is still valid.

1. I just came to know that I can still file for I-751 to remove conditions from my GC, Is it really worth to file even that my divorce is finalized?

2. I am sure if I go with lawyers they are gonna charge 1000's of dollars to file I-751 which of course I don't have, Also I don't know how to file by own as i am new born for these things. What could be the easiest way for me to go with since I am in Pakistan right now?

Edited May 19, 2019 by ulamba

[Roel 7,192]

1. I mean... divorce doesn't really matter now. But the fact that you abandoned your residency (I understand you have been out of the US for more than a year now), moved to Pakistan and your green card already expired (so you missed RoC window by quite a lot).... I don't think your RoC has a chance to be approved, really.

 

2. I think right now having a lawyer is a MUST.  But personally I doubt even lawyer would help much.

[Ben&Zian 4,398]

14 minutes ago, ulamba said:

I completed my graduation in Bachelor of Science in software engineering in 2016 in Pakistan. I was married to U.S citizen in 2016 in Pakistan and then moved to United states on February 2017, got my conditional Green Card through Her. I started working there as IT Business Analyst till December 2017. After that I got another better position at Maryland, so I moved to MD. Unfortunately, my marriage didn't work out and got divorce from my wife in March 2018.Although marriage was ended in good faith - I was so depressed that my parents asked me to come to Pakistan and stay with them till I recover from myself this mishap. So I came to PK and lived with them.

But now I really wanna comeback to United States and get my self settle there. Since my conditional Green card has expired 2 months before (Feb-2019) But my drivers license is still valid.

1. I just came to know that I can still file for I-751 to remove conditions from my GC, Is it really worth to file even that my divorce is finalized?

2. I am sure if I go with lawyers they are gonna charge 1000's of dollars to file I-751 which of course I don't have, Also I don't know how to file by own as i am new born for these things. What could be the easiest way for me to go with since I am in Pakistan right now?

 

I would agree with @Roel , divorce has nothing to do with your situation. Fact you left and have been out of the US for so long, you may have already abandoned your LPR status, ROC may not even be an option nor returning (except through tourist visa). A valid license/state ID holds no value.

 

If you are going to try to \go ahead with this, definitely good legal representation probably is best bet. But there is no guarantee so you may end up wasting all that money for nothing.

[Boiler 45,559]

Divorce is not a quick process, how long were you together?

[Crazy Cat 41,904]

You should have filed the I-751 before the expiration of your conditional Green Card.......Failure to file is grounds for revocation.....However, you MIGHT be able to obtain forgiveness with an approved reason for late filing.  

[Roel 7,192]

10 minutes ago, missileman said:

You should have filed the I-751 before the expiration of your conditional Green Card.......Failure to file is grounds for revocation.....However, you MIGHT be able to obtain forgiveness with an approved reason for late filing.  

Its must have been over 6  months late on top of OP being out of US for well over a year... no reentry permits mentioned. In my opinion that green card is long gone at this point. 

[AstroCanada 206]

12 hours ago, Roel said:

Its must have been over 6  months late on top of OP being out of US for well over a year... no reentry permits mentioned. In my opinion that green card is long gone at this point. 

Indeed, barely a year in the US (maybe 10 months as it's hard to figure out the exact timeline), plus what seems like a year out of the US.  You're going to need very good lawyers if you're going to have a chance of coming back, and from what I can tell your case is well past what VJ can help with.  Best of luck!

[ulamba 0]

18 hours ago, Ben&Zian said:

 

I would agree with @Roel , divorce has nothing to do with your situation. Fact you left and have been out of the US for so long, you may have already abandoned your LPR status, ROC may not even be an option nor returning (except through tourist visa). A valid license/state ID holds no value.

 

If you are going to try to \go ahead with this, definitely good legal representation probably is best bet. But there is no guarantee so you may end up wasting all that money for nothing.

Thank you for responding. What is the best and easiest way for me to come back to United States?

4 hours ago, AstroCanada said:

Indeed, barely a year in the US (maybe 10 months as it's hard to figure out the exact timeline), plus what seems like a year out of the US.  You're going to need very good lawyers if you're going to have a chance of coming back, and from what I can tell your case is well past what VJ can help with.  Best of luck!

Thank you for responding. What is the best and easiest way for me to come back to United States?

17 hours ago, Roel said:

Its must have been over 6  months late on top of OP being out of US for well over a year... no reentry permits mentioned. In my opinion that green card is long gone at this point. 

Thank you for responding. What is the best and easiest way for me to come back to United States?

[Roel 7,192]

52 minutes ago, ulamba said:

Thank you for responding. What is the best and easiest way for me to come back to United States?

Thank you for responding. What is the best and easiest way for me to come back to United States?

Thank you for responding. What is the best and easiest way for me to come back to United States?

Uhm. 

 

If this green card is gone (and it sounds like it is) then I suppose you dont have any other way to go to the US. Unless you find a way to apply for new immigrant Visa. Work or family based. 

[carmel34 3,635]

2 hours ago, ulamba said:

Thank you for responding. What is the best and easiest way for me to come back to United States?

Thank you for responding. What is the best and easiest way for me to come back to United States?

Thank you for responding. What is the best and easiest way for me to come back to United States?

If you try to enter the US with your expired green card, CBP will see that it is expired and will ask you how long you were outside the US.  Chances are high that they will refuse entry and send you back.  You could always try to apply for a tourist or work visa but there's no guarantee that you'll get one.  Given your training, I would suggest that you find a job with a US company in Pakistan and after a few years hope for a transfer to the US with their sponsorship for a work visa.  Another option would be to apply for graduate programs and try to return to the US as a student, then hope for a job with a US company or university after you finish.  We need more PhDs here in IT so look into those programs in the US.  Good luck.

Edited May 20, 2019 by carmel34

[nguoivietnam2019 67]

19 minutes ago, carmel34 said:

If you try to enter the US with your expired green card, CBP will see that it is expired and will ask you how long you were outside the US.  Chances are high that they will refuse entry and send you back.  You could always try to apply for a tourist or work visa but there's no guarantee that you'll get one.  Given your training, I would suggest that you find a job with a US company in Pakistan and after a few years hope for a transfer to the US with their sponsorship for a work visa.  Another option would be to apply for graduate programs and try to return to the US as a student, then hope for a job with a US company or university after you finish.  We need more PhDs here in IT so look into those programs in the US.  Good luck.

The airline may not let him board the plane with an expired Green Card, no Advanced Parole, Extension Letter.

[Boiler 45,559]

1 minute ago, nguoivietnam2019 said:

The airline may not let him board the plane with an expired Green Card, no Advanced Parole, Extension Letter.

Not may not, will not, he needs a valid travel document.

[Crazy Cat 41,904]

3 minutes ago, Boiler said:

Not may not, will not, he needs a valid travel document.

Then he could, theoretically, file an I-751 from outside the US with believable excuse for late filing.....correct?

[carmel34 3,635]

1 minute ago, missileman said:

Then he could, theoretically, file an I-751 from outside the US with believable excuse for late filing.....correct?

Maybe there's a waiver for that.  There seems to be a waiver for everything.

[Boiler 45,559]

20 minutes ago, missileman said:

Then he could, theoretically, file an I-751 from outside the US with believable excuse for late filing.....correct?

Well this is not a normal situation and take all the following with a bucket of salt, a very large bucket.

 

Can you file a I 751 outside the US, I understand you can.

 

Then you would need bio metrics and  the interview which is inside the United States so how do you get there to do that? Would the SB1 cover this?

 

Then we have that late filing issue.

 

And the abandonment issue.