I need your advice!
#1
Just Joined
Thread Starter
Joined: Jul 2008
Posts: 1
I need your advice!
I already bought a round trip to my home country for my vacation this Sept.
I have with me right now a conditional greencard expiring next year (2009)
Marriage failed and just received the divorce decree.
I am still seeking an immigration lawyer to help me file the removal of conditions with waiver.
My worries is if their will be any problem when I returned in th US. I am already divorced, with a conditional greencard expiring 2009 and still preparing to file the removal of conditions.
Is it better to file the removal of conditions with waiver (divorce decree already on hand) before my trip to Phils or after my trip?
PLSSSS I NEED YOUR ADVICE!!!!!
Thanks in advance!
I have with me right now a conditional greencard expiring next year (2009)
Marriage failed and just received the divorce decree.
I am still seeking an immigration lawyer to help me file the removal of conditions with waiver.
My worries is if their will be any problem when I returned in th US. I am already divorced, with a conditional greencard expiring 2009 and still preparing to file the removal of conditions.
Is it better to file the removal of conditions with waiver (divorce decree already on hand) before my trip to Phils or after my trip?
PLSSSS I NEED YOUR ADVICE!!!!!
Thanks in advance!
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I need your advice!
I already bought a round trip to my home country for my vacation this Sept.
I have with me right now a conditional greencard expiring next year (2009)
Marriage failed and just received the divorce decree.
I am still seeking an immigration lawyer to help me file the removal of conditions with waiver.
My worries is if their will be any problem when I returned in th US. I am already divorced, with a conditional greencard expiring 2009 and still preparing to file the removal of conditions.
Is it better to file the removal of conditions with waiver (divorce decree already on hand) before my trip to Phils or after my trip?
PLSSSS I NEED YOUR ADVICE!!!!!
Thanks in advance!
I have with me right now a conditional greencard expiring next year (2009)
Marriage failed and just received the divorce decree.
I am still seeking an immigration lawyer to help me file the removal of conditions with waiver.
My worries is if their will be any problem when I returned in th US. I am already divorced, with a conditional greencard expiring 2009 and still preparing to file the removal of conditions.
Is it better to file the removal of conditions with waiver (divorce decree already on hand) before my trip to Phils or after my trip?
PLSSSS I NEED YOUR ADVICE!!!!!
Thanks in advance!
You are already working with a lawyer. Talk to her. BTW, the law is quite favorable for anyone applying for admission who has EVER been a permanent resident.
#4
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I need your advice!
You have a valid, unexpired Green Card. Why do you think you'll have problems? The US government won't know about your divorce unless you tell them... but even if you do, divorce isn't going to suddenly cause your GC to become invalid. As long as the GC is valid, you can travel.
Ian
Ian
#5
Re: I need your advice!
First, I am sorry that things did not work out well for you in your marriage.
Next, an earlier poster is quite right: your LPR card is still valid, and as long as you effect re-entry to the USA before it expires, I see little difficulty for you coming back. Remember: your divorce is NOT going to be recorded in the immigration computer at the airport or at the border. Even if it WERE in the computer, you are still entitled to enter the USA until the card expires.
If you had an attorney assist you when you adjusted status (or consular processed) and first got your LPR card, you may experience difficulty going back to the same attorney to represent you for the I-751 removal. The divorce and estragement from your spouse put that original attorney in a conflict of interest. Many if not most ethical immigration attorneys will not accept an I-751 case under such circumstances. You'll need to find another attorney.
--J Craig Fong
Los Angeles, CA
Next, an earlier poster is quite right: your LPR card is still valid, and as long as you effect re-entry to the USA before it expires, I see little difficulty for you coming back. Remember: your divorce is NOT going to be recorded in the immigration computer at the airport or at the border. Even if it WERE in the computer, you are still entitled to enter the USA until the card expires.
If you had an attorney assist you when you adjusted status (or consular processed) and first got your LPR card, you may experience difficulty going back to the same attorney to represent you for the I-751 removal. The divorce and estragement from your spouse put that original attorney in a conflict of interest. Many if not most ethical immigration attorneys will not accept an I-751 case under such circumstances. You'll need to find another attorney.
--J Craig Fong
Los Angeles, CA
#6
BE Forum Addict
Joined: Mar 2007
Posts: 4,059
Re: I need your advice!
Welcome back, Mr. Fong. I was wondering if you'd forgotten about us.
#7
Re: I need your advice!
First, Bill, my name is J. After all, I work for my living!
Second, thank you. I have been on hiatus, knowing full well that you all have been in good hands with Stuart Folinsky and others. I just thought, after seeing the way some people were responding to some questions, I would try to put in my own tuppence with, striking perhaps a kinder and gentler note.
Again, thanks!
--J Craig Fong
Los Angeles, CA
Second, thank you. I have been on hiatus, knowing full well that you all have been in good hands with Stuart Folinsky and others. I just thought, after seeing the way some people were responding to some questions, I would try to put in my own tuppence with, striking perhaps a kinder and gentler note.
Again, thanks!
--J Craig Fong
Los Angeles, CA
#8
Re: I need your advice!
First, Bill, my name is J. After all, I work for my living!
Second, thank you. I have been on hiatus, knowing full well that you all have been in good hands with Stuart Folinsky and others. I just thought, after seeing the way some people were responding to some questions, I would try to put in my own tuppence with, striking perhaps a kinder and gentler note.
Again, thanks!
--J Craig Fong
Los Angeles, CA
Second, thank you. I have been on hiatus, knowing full well that you all have been in good hands with Stuart Folinsky and others. I just thought, after seeing the way some people were responding to some questions, I would try to put in my own tuppence with, striking perhaps a kinder and gentler note.
Again, thanks!
--J Craig Fong
Los Angeles, CA