lunasol

My conditional GC expires next Feb. My divorce with my USC wife will be finalized in a week. I lost my student visa and subsequent OPT privilege because of my conditional GC. My company will not sponsor H1B work visa.

I do want to work for this company as long as I can to save enough money to go back to school again.

My question is:
Can I file my I-751 waiver 6-8 months later but 90 days before expiration of my CGC so that I can take advantage of the 1 year extension of NOA?

Or I should file it asap and hope my case gets approved?

Thanks

Noorah101

You will receive the one year extension letter either way.

It's your choice when to file the I-751, during that 90-day window or anytime before.

Rene

lunasol

Thanks a lot, Rene.

lunasol

I just consulted with a lawyer. He said that once my divorce is final, I will be out of status even my conditional green card expires next Feb. Is that true?

Speedwell

Make sure you understood what is being talked about. Out of status and an illegal overstay are not necessarily the same thing.

lunasol

He said the status may be terminated on condition of dissolution of the marriage. I am just very confused and I have not fully collected all evidence yet.

ian-mstm

No.


Either he is an idiot, or you didn't fully understand what was being said. Your status doesn't terminate on dissolution of the marriage.

Ian

jeffreyhy

What kind of lawyer was this? Hopefully not an immigration lawyer.

If it was an immigration lawyer, get a second opinion.

Regards, JEff

S Folinsky

The definition of "lawful permanent residence" is having been accorded the privilege of residing permanently in the United States, such status not having changed. Sec 101(a)(20) INA. Termination of conditional status requires an affirmative action by the Government [the Act still refers to "Attorney General," but it now done by the DHS]. Sec 237(a)(1)(D) provides for removability once conditional status is terminated.

By the way, LPR employment authorization does NOT, repeat NOT, expire with the card. If one is already employed, the employer need not reverify employment authorization. There is nothing preventing OP from continuing to work for his present employer.

lunasol

unfortunately, he is an immigration lawyer. It was very intimidating to send out a link like that.

S Folinsky

I tend to be pedantic.

However, either the lawyer is wrong or you misunderstood her quite badly.

BTW, when I was in practice, I would file sooner rather than later. My belief is that it is a show of good faith to the Dark Forces and it is done while memory is fresh. I once did this for a case the marriage broke up within six months [and one month after granting conditional status] -- it was approved within a week without an interview. I was shocked, but my judgment was validated big time!

As a lawyer, I considered this a win-win situation. Good for the client and I collected a fee a lot sooner.

lunasol

I started two threads on the forum apparently talking about the same thing. Here is the link that I posted in the other thread.

http://www.uscis.gov/ilink/docView/S...-0-0-4223.html

Thanks for all comments.

S Folinsky

The link includes one of the provisions I referred to above, albeit without citation. Take a look at 216(c)(2)(A). Curiously, my copy of the Act from West Publishing says "Attorney General" while government link notes the "Secretary." Also, the formatting of the link is wrong. To make sure that I was reading it correctly, I took a look at my 1995 official pamphlet from the Government Printing Office. The hard paper copies of the Act are inconsistent with the formatting of the on-line part.

lunasol

I want to file as soon as I collect all evidence as well. But since I will move to a different city in four months to work.

If an interview was requested, do I need to fly back to my current city (Chicago) to interview? Assuming it might take more than 4 months before I hear anything.

Also, what are good criteria for hiring a good immigration attorney who has experience in I-751 waiver cases? I feel quality of lawyers is all over the place.

jeffreyhy

Thank you for pointing out that detail.

Regards, JEff