Divorced son of USC

Old Oct 25th 2005, 2:57 am
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Default Divorced son of USC

Hi guys!
In case my N400 doesn't go well because of the divorce, and they will revoke the green card, does anybody know if I am still eligible to get a green card under my parents citizenship? I would be divoced son (over 21) of USC. What categorie would that be and how long would it take. Does anybody on this forum know about this process?
Thank you.
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Old Oct 25th 2005, 5:09 am
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Default Re: Divorced son of USC

Originally Posted by astept
In case my N400 doesn't go well because of the divorce, and they will revoke the green card, does anybody know if I am still eligible to get a green card under my parents citizenship?
Y'know, there are many fine brands of decaf coffee available nowadays. Oh, did you ask the immigration attorney this question? What did he say?

If your parents are US citizens, you were probably eligible to apply for citizenship a while ago. Perhaps others will chime in on this.

Ian
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Old Oct 25th 2005, 6:14 am
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Default Re: Divorced son of USC

My step mom has been a citizen for many years (she was naturalized) and my dad is just a green card holder now but he is eligible to apply for citizenship also. The attorney said that if he applies for me as a green card holder is a 9 year waiting for visa priority.
I am thinking (just in case something happens) can my Step mom petition for me?
Would I be subject to visa priority if she does? Or I have to wait for my dad to became naturalized and then he can apply for me. I don't know if I would still be subject to priority visa since I am over21 and divorced but it may make a difference since he is not step dad. If makes any difference for step parent or parent.
What do you think? It matters? If not my step mom can apply and I don't have to wait for my dad to naturalize.
Thank you Ian
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Old Oct 25th 2005, 6:30 am
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Default Re: Divorced son of USC

Originally Posted by astept
My step mom has been a citizen for many years (she was naturalized)...
Was she your stepmother prior to your turning 18? This seems to be of some importance.


... my dad is just a green card holder now but he is eligible to apply for citizenship also. The attorney said that if he applies for me as a green card holder is a 9 year waiting for visa priority.
It'll be a heck of a lot faster for you if your dad naturalizes!

I'm not up on the rules about this, so perhaps someone else will have a better response for you.

Ian
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Old Oct 25th 2005, 8:24 am
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Default Re: Divorced son of USC

In case that matters.
She was my stepmom while I was 20. I wasn't married at the time.
Perhaps is faster if my dad is a citizen but I know that he is not so good with the English . But if this is the only way to go,he will have to naturalize. Unless my stepmom can apply for me. Or, ofcourse if it doesn't matter that I was in divorce proceedings while I-751 was pending. I didn't know that I had to notify them. I understood that it's up to them to focus on this or not.Although makes no sense.It should be a clear law regarding this issue.
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Old Oct 25th 2005, 8:31 am
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Default Re: Divorced son of USC

Originally Posted by astept
In case that matters.
She was my stepmom while I was 20. I wasn't married at the time.
Perhaps is faster if my dad is a citizen but I know that he is not so good with the English . But if this is the only way to go,he will have to naturalize. Unless my stepmom can apply for me. Or, ofcourse if it doesn't matter that I was in divorce proceedings while I-751 was pending. I didn't know that I had to notify them. I understood that it's up to them to focus on this or not.Although makes no sense.It should be a clear law regarding this issue.

USCIS will not recognize a step-parent/step-child relationship if the marriage took place after the child was 18 years of age. So having your step-mother petition for you as her step-child is out. Your father can petition for you as a green card holder or if he naturalizes as a USC. As a USC you would be in the first preference family category as LONG AS YOU DO NOT REMARRY.
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Old Oct 25th 2005, 11:34 am
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Default Re: Divorced son of USC

Originally Posted by astept
In case that matters.
She was my stepmom while I was 20. I wasn't married at the time.
Perhaps is faster if my dad is a citizen but I know that he is not so good with the English . But if this is the only way to go,he will have to naturalize. Unless my stepmom can apply for me. Or, ofcourse if it doesn't matter that I was in divorce proceedings while I-751 was pending. I didn't know that I had to notify them. I understood that it's up to them to focus on this or not.Although makes no sense.It should be a clear law regarding this issue.

Hold on a sec. Ignorance is no defense. When divorcing, most people know to consult a family lawyer, to review the proper steps and the consequences of each course of action. I don't know if you did, but I'm sure it crossed your mind anyway. This should have occured to you with regard to the divorce and its impact on your "marriage-based" immigration status. It's water under the bridge now, but I wouldn't use the fact that you were unaware as an argument if I were you.

I don't wish to sound suspicious, but the timeline you've offered here is sketchy to say the least. Not to mention the fact that you claim that you submitted the I-751 petition 4 years ago and claim the approval occured just prior to the divorce being final, yet you say the marriage was "very short" and ended shortly after submitting the petition. Exactly how short, or was it that the divorce was drawn out? Something doesn't compute for me!

With this thread, it appears you're now assuming the worst, when you've been told that it might be wise to consult an immigration attorney to review the situation in detail and to consider possibly filing another I-751. By doing so, although, as stated, it might be tricky to get it accepted, you'd be preserving your PR until it is adjudicated. That is, presuming you have proof of a bona fide marriage.
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Old Oct 25th 2005, 12:29 pm
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Default Re: Divorced son of USC

I agree. Ignorance it is no defense. I didn't know that I should notify them about the divorce. USCIS didn't ask us to notify them when we sent the form.
I was married for close to 5 years. After I submited the petition, about 8 months later the spouse filed for divorce which it took 6 months .Prior of the divorce beeing final I got the aproval notice.It took them about a year to make a decision. Considering the conditional too I am permanent resident since 98. Just now, when I'm gathering info about how to apply for N400 I found out that the green card may not be good. I assume the worst. As the attorney said is up to them. After so many years from divorce is pretty hard to have a lot of evidence. If something goes wrong, at least I hope that my dad can apply for me. Hopefully I will still be eligible to stay in the states while this will go on.
I didn't hear about somebody having this exact problem. The attorney said yesterday that he had cases with divorce pending while the I-751 was also pending but they solved that then and applied for the waiver. He didn't have any cases like mine.
And apparently no one knows for sure what is going to happen, including the attorney I spoke with. The good thing is that thanks to all of you here on this site, I found out about this posible problem before I went for the N400. In case somebody have any ideeas or hear about something similar I would appreciate any information. At the moment I don't know what is going to happen and naturally I am very worry.
Thank you to all of you for helping everybody on this site including me.
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Old Oct 25th 2005, 1:17 pm
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Default Re: Divorced son of USC

Originally Posted by astept
I agree. Ignorance it is no defense. I didn't know that I should notify them about the divorce. USCIS didn't ask us to notify them when we sent the form.
I was married for close to 5 years. After I submited the petition, about 8 months later the spouse filed for divorce which it took 6 months .Prior of the divorce beeing final I got the aproval notice.It took them about a year to make a decision. Considering the conditional too I am permanent resident since 98. Just now, when I'm gathering info about how to apply for N400 I found out that the green card may not be good. I assume the worst. As the attorney said is up to them. After so many years from divorce is pretty hard to have a lot of evidence. If something goes wrong, at least I hope that my dad can apply for me. Hopefully I will still be eligible to stay in the states while this will go on.
I didn't hear about somebody having this exact problem. The attorney said yesterday that he had cases with divorce pending while the I-751 was also pending but they solved that then and applied for the waiver. He didn't have any cases like mine.
And apparently no one knows for sure what is going to happen, including the attorney I spoke with. The good thing is that thanks to all of you here on this site, I found out about this posible problem before I went for the N400. In case somebody have any ideeas or hear about something similar I would appreciate any information. At the moment I don't know what is going to happen and naturally I am very worry.
Thank you to all of you for helping everybody on this site including me.

Was this an immigration attorney? I'm curious why the attorney would say he hadn't had any cases like yours. After all, he has had cases with "divorce pending while the I-751 was also pending but they solved that then and applied for the waiver". Divorce pending whilst I-751 pending adjudication? What's different about this one?
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Old Oct 25th 2005, 1:29 pm
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Default Re: Divorced son of USC

Originally Posted by bionomique
Was this an immigration attorney? I'm curious why the attorney would say he hadn't had any cases like yours. After all, he has had cases with "divorce pending while the I-751 was also pending but they solved that then and applied for the waiver". Divorce pending whilst I-751 pending adjudication? What's different about this one?

According to what I learned last semester, the USCIS considers a marriage over once legal documents such as a legal separation or a divorce petition has been filed. The OP's attorney "probably" meant that asa the divorce was filed, they notified CIS, and once the divorce was final applied for the waiver.

I'm only supposing here from what I have learned and what has transpired to others in that situation. The OP didn't notify CIS of the pending divorce which was started after the I-751 filing but let it continue to adjudication.

He now has an attorney and the attorney and he will work this out with USCIS.
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Old Oct 25th 2005, 1:42 pm
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Default Re: Divorced son of USC

Yes he is practicing. He could take the case. Like you said is not a whole lot of difference. Is just that have been so many years, from the divorce, it may be hard to prove to get the waiver. He said that I can go ahead and file for N400 and they could let it go or, most likely refer my case to the audit unit. This is the part which I don't understand. How come is not a clear way to go in a situation like this. This is why he probable said that he didn't have a situation like mine.He wasn't 100% sure how they would act in this situation.
Therefore I am still in the dark of what is going to happen.
Unless ofcourse somebody on the site or another attorney had this situation before and know for sure what is going to happen and hopefully will join the forum.
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Old Oct 25th 2005, 2:31 pm
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Default Re: Divorced son of USC

Originally Posted by astept
Therefore I am still in the dark of what is going to happen. Unless ofcourse somebody on the site or another attorney had this situation before and know for sure what is going to happen and hopefully will join the forum.
Most of us aren't lawyers, and the 3 lawyers who do frequent this forum will probably not give you any definite answers other than "consult with your own attorney". So, either get your attorney to help you, or get another attorney.

Ian
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Old Oct 25th 2005, 3:02 pm
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Default Re: Divorced son of USC

Just a thought, why the burning desire to naturalise? If it were me and I thought something might go wrong, I wouldn't do it. You'd still be an LPR.
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Old Oct 25th 2005, 4:06 pm
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Default Re: Divorced son of USC

I live here for close to 10 years. I want to be able to say that I am a citizen. Although I never even went outside the country, I want to have a USA passport and be able to vote.
You are right Ian.
You have been with me all the time. So you know the whole story. It's hard to find somebody with this exact situation and even the 3 attorneys you said we have here for support when we have a harder question may not know the answer.
In case somebody will be able to offer some more advice about a similar situation, please do so. In case another case will show up later, the answers will be here.
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