Legal Question in Immigration Law in Georgia

Conditional residency status

I have a conditional residency through marriage since 1999. I divorced less than 2 years after I got married and applied for a removal of conditions on the base of bona fide marriage. The INS response was negative but it was obvious that the INS overlooked some facts (like my driver license as a proof of residency ). I hired a lawyer who filed a motion to reopen the case and submitted important additional documents. It has been more than 2 years since then, and I haven�t heard from the INS. The lawyer who filed the paperwork told me that I could travel outside the country but the officer from INS said that I would deport myself if I leave. My questions are:

1. What is my legal status now? Am I in a process of removing or do I wait for a hearing with the judge?

2. What kind of proof do I need to show that I am legally in the country since the stamp in my passsport expired a year ago?

Your answer will be greatly appreciated.

Thank you


Asked on 6/27/06, 2:54 pm

1 Answer from Attorneys
Vincent Martin Hellmuth & Johnson PLLC

Re: Conditional residency status

Since the Immigration Service denied your initial application, it seems to me that your status has been terminated. Generally, merely having a motion or appeal pending does not grant a person status to travel, etc. Typically, when the Immigration Service denies such an application, it starts removal/deportation proceedings. Our office has assisted many people with such matters and therefore, if you wish to retain our services, please feel free to contact me at [email protected] .

Sincerely,

Vincent Martin

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Answered on 6/27/06, 3:52 pm


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