Published on Lawyers.com and the Epoch Times on January 30, 2015Will I Have Problem to Renew My Conditional Green Card?I am separated with 10 months old baby. I got GC through marriage my husband was abusive jealous didn't take care of me didn't provide so I left him. We have 10 months old baby girl together he never saw her and now he don't pay child support. I have conditional green card that I have to renew in December. Will I have a problem to renew it because I am not with my husband anymore? And second question is can I file for divorce before I file for renewal or is it better to stay married till I get the green card? Mr. Lee answers: In your case, it is probably best that you begin divorce proceedings before filing for the removal of the conditional basis of your green card. You can essentially file by yourself on the basis that you have had a bona fide marriage although it is dissolved. In order for you to obtain that type of relief, U.S.C.I.S. will require that you be divorced. If the time is too short for divorce before you file, you are allowed to ask for the removal of conditions on that basis and U.S.C.I.S. will work with you if you still do not have the divorce by the time the your case is ready for adjudication. Passing the Civics Test if He Can't Read?My father-in-law has lived here all his life and dropped out of high school in 12th grade. He doesn't know how to read, but he speaks perfect English. He's been married to my mother-in-law (who is a citizen) for 30 years. He is 51 now. Will he still be required to take the civics test? Mr. Lee answers: Naturalization requires that an individual be able to take the civic test unless he or she has a physical or mental disability that would not allow the test to be taken. Other than that, the law also allows an individual who has been a green card holder and is 50 years of age the opportunity to take the civics test in another language. There are no other exceptions to the civics test. How Would I Get a Visa for My Mother-in-Law?I am a U.S citizen and my fiancé (DREAMer) wants his mother to be at our wedding. She was denied a visa a while ago on the grounds that she didn't own property (it's under her husband’s name)? She is almost in her 60's so she is NOT coming her to work. Would she have a better chance of getting a visa to come to the states if I petition for her? If so what forms would I need to be filling out for me to petition for her? Do I need to do that with a lawyer? Or are they the forms that they have at the Mexican consulate? You cannot directly petition for your fiancé's mother to come to the US, but you may be able to provide an affidavit of support with job letter, bank letter, tax return, and a letter guaranteeing that you will be responsible for her financial support during the time that she is here and guaranteeing that she will return to her home country at the end of the period of visit. The affidavit of support would be on form I-134. The form is online at uscis.gov. My OPT Cap-Gap I-20 Expires on June 1, 2014Employer telling me that my H-1 picked in the lottery but not providing i-797 for further extension. My School DSO is asking me to provide i-797 to extend my i-20. My employer telling me don't worry you can join new project on June 2, 2014 even though cap-gap i-20 expires on june 1, 2014. Mr. Lee answers: If you are selected for the H-1B lottery, your OPT is extended and you can begin working on the new project for your employer. By the same token, your employer should provide you with proof that you were selected for the H-1B lottery for you to have your I-20 updated by the DSO at your school. Your employer should be more cooperative in providing you a copy of the I-797 receipt.
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