Legal Question in Immigration Law in California

Re: IR-1 Cofusion

Dear Inquirer:

If you were married for at least two years as of the date of your admission to the US, "IR" is the correct classification and the green card would be valid for ten years. "CR" status is only applicable to people who were married less than two years at the time of admission to permanenent residence.

I recommend that you email me at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a consultation to discuss this matter further.

Re: IR-1 Cofusion

Your marriage seems real to me otherwise you wouldn't be living all together, but you know in your heart. Assuming it's real, you don't have a problem and your green card has been approved rightly. If from the date of approval to the date of your marriage is more than two years, you don't have to file to remove conditions from your status. If it's less, then you will have to remove conditions (file I-751) and your really are CR-1 not IR-1. Occasionally the government makes a mistake and you must correct them. If they're wrong and you rely on that, you could have a problem because they don't take responsibility for their mistakes the way they should.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: IR-1 Cofusion

Good Morning:

I am sorry to hear that you are in a bad situation.

To calm your worries a little bit, you will get your green card at this point, since your visa was approved already and the marriage seems sincere.

If you were married for 2 years or more when you applied for your visa, then the government should issue you a permanent green card for 10 years. If you were married less than 2 years, then they should give you a conditional green card which is good for 2 years.

Even if the green card is conditional, you may still qualify to apply for a permanent green card 90 days before the 2 year anniversary of your conditional green card, if your marriage does not work out. You may apply yourself (without your spouse's consent), if you have a final divorce document. If the divorce is not finalized, you may also qualify to file to remove your conditions, if you have suffered mental, emotional or physical abuse by your spouse. The arguments for this can get complex, so an attorney is suggested for this.

In the event that you do not get your physical green card (if your father keeps it), you can always file for a replacement card by paying a fee to the government. In that application, you can choose the address for the government to send the replacement green card to ensure you get it. You can also state whether it was lost, stolen or never received.

To discuss your options further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.