Published on Lawyers.com and the Epoch Times on January 27, 2017
Q & A.
My Conditional Green Card Had Expired and My Husband Has Refused to File for Me, and I Don’t Want to File for Divorce Because of my Baby.
I am currently pregnant.
Mr. Lee answers:
In your case, the best advice is for you to file for divorce and also file for removal of the conditional basis of your residence status by checking the box for having had a bona fide marriage which is ended. Following the expiration of conditional residence status, the Department of Homeland Security will typically send you a notice to appear in the immigration court. You should begin your action as soon as possible. You can file a late application to the U.S.C.I.S. regional service center by adding an explanation as to why your application is late. If your divorce is not complete by the time U.S.C.I.S. reaches the case, the agency will typically give you a period of time to complete the divorce.
Green Card Holder Has Medical Issue Preventing His Return to States Within 1 Year.
I am a citizen of USA. My father has been a green card holder for 6 years. Soon after he got his green card, he had to tend to his sick 90 years old mother in Poland. He has been reentering US every year with no problems to maintain his status. However, this year he injured his back while caring for his mother and is unable to return to the States within the 365 days of his last departure. Is there anything he can do (file extension for medical reasons/caring for his mother) that would allow him to keep his Permanent Resident status? Doctors estimate he would be able to attempt the trip to US about 2 months after his 365 day deadline.
Mr. Lee answers:
Your father would appear to have two choices. He can go to the American Embassy or Consulate and apply for special immigrant visa or return to the US and take his chances with Customs and Border Protection at the port of entry. Whichever choice he makes, he should bring complete medical records to show that he injured his back and was medically unable to return to the States on time.
Voluntary Departure
Is voluntary departure considered, removal, exclusion or deportation or is it a relief?
Mr. Lee answers:
Voluntary departure is considered a relief. It is something that can be given in lieu of removal, exclusion or deportation. However, failure to leave the US during the time of voluntary departure means that in lieu of such, the individual will receive that order of removal, exclusion, or deportation. Failure to leave during the period of voluntary departure incurs other penalties, of which one is inability to adjust status for 10 years even if otherwise eligible to do it.
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