Legal Question in Immigration Law in California

Re: Divorce/sponsorship

If you have conditional resident status, you may continue to apply for permanent resident status based on marriage even if you are divorced (providing you can show the INS that the marriage was entered into in good faith and not to evade immigration law). Ordinarily, you must apply with your spouse for permanent resident status, but that requirement can be waived in the case of divorced or battered spouses.

Getting status via your company will be much more difficult. It is somewhat easier if you are "skilled" worker, defined as capable of performing a job that requires at least two years' training or experience. As a manager/waitress, you most likely don't fall into that category and would be put in the category of "other" workers. The processing period for that category is now reported to be approximately 5-7 years, during which time you may not work here. Most employers won't keep jobs open that long, so this category is effectively useless and very few people enter this way.

PLEASE NOTE: This is intended to be informational only and should not be construed as legal advice. For legal advice, you should seek out a competent professional who can assess your particular situation.