Published on Lawyers.com and the Epoch Times on May 13, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
My Husband Forgot to Reapply for a Green Card ( 2 Years If You Got It Through Marriage to a U.S. Citizen).
It is expired right now. What should we do?
Mr. Lee answers:
I assume that your husband forgot to apply for an I-751 application to remove the conditions on his residence status due to his being a conditional resident through his marriage to you. At this time, he should probably file the I-751 with explanation as to why he did not do it on time. U.S.C.I.S. may or may not accept the explanation. If not, he would be referred to an immigration court at which he would be able to have a re-adjudication of the I-751.
Q&A 2.
What is My Best Option for the Denial of My I-485?
The reason for the denial was non submission of additional documents. However, the letter was not received. I have an approved I-130 petition by my son. THE DENIAL LETTER dated April 7 was received April 11, 2016.
Mr. Lee answers:
If the denial came from the U.S.C.I.S. service center, you can call The National Customer Service Center of U.S.C.I.S. to complain that you never received a letter requesting additional documentation. If the denial came from a local U.S.C.I.S. field office, you can schedule an infopass with the field office and explain the situation. Hopefully you would obtain some relief from either The National Customer Service Center or local field office representative. If no relief is forthcoming, you may decide to refile the I-485.
Q&A 3.
Leave Husband for Registered Sexual Predator Child Under 12
Leaving my husband for a registered sexual predator on 15 years probation will make me lose my green card?
Mr. Lee answers:
That would not be a ground to make you lose your green card. Losing it would not be because you are associated with a person of ill repute, but whether you have done something yourself. For example, if you gained your green card through fraudulent marriage, leaving your husband for another person could trigger immigration consequences if you were reported to ICE for the fraudulent marriage. Otherwise it is deeds and not associations which count with DHS in deciding to take actions against someone’s green card.
Q&A 4.
Getting US Citizenship After 14 Years Permanent Residency, but Working on Assignment Abroad
What is the fastest way for me to get a US citizenship if I have a green card and I am working abroad for a US company? I have had my US green card for 14 years, and have traveled out of the US consistently, hence not fulfilling the 2.5 year of physical presence in a window of 5 years. I work for a large US consulting company, and I have been on assignment in the Middle East for 3 years today. I wanted to know what is the fastest way to get a US citizenship given these conditions, either by using the law system, or by fulfilling a short physical presence if required. I need to understand my options and act immediately.
Mr. Lee answers:
Although you may have kept your permanent residence all these years because you've been working abroad for a US company that work would not count towards giving you physical presence in the US. You might be able to file for citizenship when you fulfill your 2 1/2 years of physical presence.
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