Legal Question in Immigration Law in Nepal

I came to US on F1 Visa and got married to a US citizen. got my green card in 2008 and now my green card has expired. I have to remove the condition on the green card. I am not living in US right now and my husband and myself are on the verge for divorce. Though he hasnt not filed for divorce yet. I have been living in Nepal since March 2010. My green card expired on July, 2010. My husband does not want to renew my green card and I am in no position to pay the removal of condition on the green card. I am not sure if my F1 visa is still valid. But I want to get back to US and start on my own. Is there any fee wavier? What should be done?


Asked on 9/14/10, 3:20 pm

2 Answer from Attorneys

Luba Smal Smal Immigration Law Office

You can't come back if your Conditional Green Card had expired in July 2010, you are separated but not divorced yet, and you failed to apply for removal of the conditions jointly with your husband. Your conditional resident status had terminated (ended) when your card had expired and you didn't submit petition to remove conditions on time (within 90 days preceeding its expiration).

If you plan to come back to USA, you'll need to find another way (a visa). You are no longer in F1 status, and no longer a permanent (conditional) resident.

I suggest, you consult a knowledgeable American immigration attorney and have a private case-specific consultation.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at Attorney @law-visa-usa.com and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/14/10, 3:49 pm


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