Legal Question in Immigration Law in New Jersey

Re: remarriage?

I would like to know the reasons for the first marriage failing. If abuse was a basis then we may have a good case for self-petitioning. Be careful about marrying your current boyfriend since it appears that you are still married to your husband of 10 years ago. Feel free to give me a call and discuss your case in more detail.

Re: remarriage?

Are you now divorced?

It is probably better to remarry if he

and you want to marry. Then refile.

If not, and you have a divorce, you have to

file the I-751, and explain why you waited so long to file.

Please contact me if you need any additional assistance, or my law colleague in Manhattan, Attorney Allen Kaye, at [email protected].

Re: remarriage?

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

You may request a waiver of the joint petitioning requirements if:

* Your deportation or removal would result in extreme hardship

* You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.

* You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

If you would like complete, affordable legal assistance in this urgent matter, contact us ASAP.