Legal Question in Immigration Law in California

Re: IR1 Visa

Dear Inquirer:

Homeland Security cannot take away your IR green card solely because the marriage did not work out. You cannot petition another spouse within 5 years unless you can prove that the prior marriage, "by clear and convincing evidence," was not entered into solely for the purposes of gaining resident status.

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: IR1 Visa

Yes, you will be able to keep your green card IF this card is valid for 10 years.

With a divorce happening so soon after your arrival in the USA, in future there could be reasonable suspicions whether the marriage was real and bona fide. However, theoretically, after you become a USA citizen in the future you should be able to petition for a wife from abroad.

Re: IR1 Visa

If your intentions in marrying your spouse were simply to get the green card, you are vulnerable even to losing U.S. citizenship forever into the future because marriage fraud is an unforgivable fraud which will haunt you the rest of your life. Obviously, if that's what you're doing, you can't expect to securely marry someone 10 years in the future and immigrate that person. That's considered divorce fraud and well known by the government.

On the other hand, if the person you married is not the person you believed you were marrying and there is mental cruelty or abuse, etc., you could file for permanent residence on your own under the Violence Against Women's Act. Literal violence or even being female is not required. What's required is an abusive U.S. spouse and hardship were you to be forced to depart the U.S. You could file for this (I believe but would have to confirm) even if you had a green card. You'd apply to re-adjust status.

The other option would be to end the marriage now and file an I-751 waiver with proof that the relationship was real. In that case, you don't need to wait until you've had the green card for 21 months to remove the conditions on your residence.

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: IR1 Visa

Good Morning:

If you get a divorce, you may be able to apply to remove your conditions on your own before the 2 year anniversary of your getting your conditional green card. The divorce must be finalized at the time that you apply to remove your conditions.

After 3 years following the date you received your conditional green card, and assuming you meet the requirements (including residency requirements), you can apply for citizenship. Once you become a US citizen, you can sponsor a spouse for legal permanent residency in the US.

You may also sponsor a spouse if you are a legal permanent resident. However, the processing time (as of today) takes longer than if you were a US citizen sponsoring a spouse.

Should you need further assistance, 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.