Published on Lawyers.com and the Epoch Times on December 4, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Will I Be Able to Keep My 10-Year Green Card After Divorce?

I've been married since October 2010, received my initial Green card in March 2011. I now have a 10 year green card.  My husband and I are now separating and he wants to file for divorce soon. I would like to know if that has any implications on my status as a permanent resident since my Green Card is based on marriage? Our case seems pretty simple, since we don't have any children or shared real estate.

Mr. Lee answers:

Since you already have the ten year green card, you should have no problems keeping it unless there was fraud or misrepresentation in its acquisition and the Department of Homeland Security discovers it. Kindly note that if you later apply for citizenship, you may be asked questions concerning your prior marriage since that was how you got your green card. 

Q&A 2.

What is the Time Frame for K3 Visa?

Mr. Lee answers:

The timeframe for K-3 visa processing at the service centers of U.S.C.I.S. range between 5-8 months. Kindly note that the processing time chart of U.S.C.I.S. has I-130 petitions being processed in approximately 5 months. The K-3 was instituted by Congress at a time when I-130 petitions were taking much longer to adjudicate. The rule is that the K-3 will be canceled if the I-130 petition is approved and at the National Visa Center at the same time that the K-3 is at the National Visa Center. A K-3 must be filed only after the I-130 is filed. Under present circumstances, there does not seem to be as much utility to the K-3 these days although the situation may change if I-130s further backlog in the future. 

Q&A 3.

I'm a Refugee from Another Country but Has a Passport and Invitation Letter to Come to the United States How Can I Get a Visa

I left Ghana and went to Germany and now I have an invitation letter to come to America

Mr. Lee answers:

You would apply for a visitor’s visa under the same rules as any other visitor to the United States. It would be up to the American consular officer as to whether you have proved that you have non-immigrant intent. Items that you can show to prove nonimmigrant intent are your ties and bonds with Germany including job, bank accounts, ownership of property, etc. The invitation letter will of course also be taken into account. 

Q&A 4.

My Father Was Deported About 7 Years Ago, and He Is Now 70 years Old. Can I Bring Him Back?

I am a natural born citizen of the US.

Mr. Lee answers:

Most persons who have been deported have also been in the United States illegally for over one year and are subject to a 10 year bar not only because of the deportation but because of the illegal stay. For the illegal stay, a waiver is only possible if the qualifying relative is a US citizen or permanent resident parent or spouse. As the child, you would not qualify as a qualifying relative for an I-601 waiver application of excludability grounds. Your father will likely have to wait the 10 years before being able to immigrate to the U.S. unless there is a qualifying relative and extreme hardship to that individual can be established if the waiver application is denied. 

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.