Legal Question in Immigration Law in New Jersey
is remarriage ok?
10 years ago i was married to a USC and able to obtain temporary green card. but was deserted before the second interview. i then received bad advice from a lawyr about just laying low because of risk of deportation. Are there any laws against a bonafide remarriage that bars me from refiling?
3 Answers from Attorneys
Re: is remarriage ok?
You need to do a FOIA to see if you have a deportation order if not....you can easily adjust now by marrying an US Citizen.
Re: is remarriage ok?
First, get yourself a good immigration attorney who can check your status with the BCIS (former INS). For example, if there's a deportation order out for you as a result of not going to the 2nd interview /termination of your application (having to go to a 2nd interview is usually not a good sign in the 1st place), you would need to leave the country and adjust in your native country. You face what's called a "bar" - a period of time, a penalty, during which you cannot adjust your status.
Re: is remarriage ok?
The advice of my colleagues is correct. You want to make sure that you don't have an order of deportation against you. It is important to find out what happened AFTER you were unable to attend your 2nd interview. If your first marriage was in good faith then and you don't have any orders of deportation against you it would still be advisable to talk to an immigration attorney since your situation is still a bit rocky. An attorney will take you through the process, predict what obstacles you may face, and put together the best course of action for you. Feel free to contact my office if you would like to discuss your case further.