Legal Question in Immigration Law in California

This is for a friend: He filed his 751 application and is in the review process. Since filing in May, his marriage has gone very sour (it was "in good faith" but has been rough since the get go) His wife is no longer willing to do her part as a sponsor and has gone as far as hiding notices from INS. He lost his work permit because he didn't know there was a fee he had to pay. They have a child that needs him around. His job would sponsor him (he's a chef in a restaurant from his native country so he's a specialized worker) He's still here legally. Should he go back to his country voluntarily until he can refile another way?


Asked on 9/26/09, 12:03 pm

3 Answers from Attorneys

He should consult with an immigration attorney to determine what the options may be. I'd be happy to speak to him. [email protected]

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Answered on 9/26/09, 12:25 pm
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

He may be able to keep his permanent residence if he is able to prove that the marriage was entered into in good faith. He should contact an attorney.

Thanks,

Ricardo Vidal

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Answered on 9/26/09, 1:56 pm
Charles Medina Law Office of Charles Medina

If he leaves the country, he might need to wait years for the green card throught the employment sponsorship. If he ever files for divorce and the divorce becomes final, he might file I-751 by himself and get the green card, if he meets all the requirements.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 9/26/09, 3:32 pm


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