Legal Question in Immigration Law in Tennessee

I originally came to the US on a Student Visa I-95? back in 1985. I left the states once in 1986 to visit my family and returned Sept 86. I applied for a Green card when I married my ex wife back in 1991. We were married for 6yrs and are now divorced with two children. I am a Canadian citzen.The application was lost by INS in LA. I reapplied and the second application was also lost. I renewed my temp work permit up until 2004. I don't have a copy of my work permit card with my Alien Reg Number on it. I already have a US SS# I want to be legal in the US so that I can continue to work and be able to support my kids. I want to get my Green Card and eventually become a US Citzen so I would have dual citzenship. I really want to get this handled. I am working for my church now on a volunteer basis till I get this handled. I really am not wanting to create any antagonism, I just want to finnish the cycle that I started with my ex-wife so that I have legal status to work and be here. WOuld the I -90 or I - 765 be the correct form to fill out to finnish this cycle up?


Asked on 1/29/10, 12:20 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You cannot finish that cycle, as you put it.

Form I-90 is inapplicable to someone who is not a permanent resident.

To file I-765, there must be a pending application for adjustment of status or other eligibility for a work permit.

If your application for adjustment of status was indeed lost twice (!), which is highly unusual, and you have never become a lawful permanent resident based on your marriage to a USA citizen wife, now, after divorce, it's too late.

Since you are no longer married to a USA citizen, you can't reapply for adjustment of status (if the old application was "lost"), and can't request an adjudication of a pending application, assuming that an application is still pending since 1990s.

What happened in or after 2004, did you apply to renew your work permit after 2004?

It seems that you might need to find a new legal ground of applying for adjustment of status (green card) if, indeed, you were not apploved for permanent residency yet. You can't apply through your minor children or ex-wife.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

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. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 2/03/10, 12:36 pm


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