Published on Lawyers.com and the Epoch Times on July 15, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Filing From Permanent Green Card After Getting a Divorce.

I got my green card through marriage last year, one year after my legal marriage. We've been in a true relationship since 2012. Not long ago, he told me he is addicted to illegal drugs and wished to seek for help. His addiction has taken a big toll in our marriage as it is understandable. Despite being clean for a couple of months, he used it again and I called him out on it. If I was to end the marriage due to his addiction, could I still file alone for a permanent green card when the time comes and how should I go about doing it?

Mr. Lee answers:

You can file for removal of the conditional basis of your residence status alone if you have a divorce upon a showing that the marriage was bona fide at its beginning. You can put together all evidence that you and your husband were living together such as lease or deed, rent receipts, tax returns, utility bills, cable bills, credit card statements, photographs, sworn statements of others, etc.

Q&A 2.

US Citizen

My step dad is 58 years old has been living in the US for over 25 years, a permanent resident for 10 years has three kids that are U.S. born. He has tried to apply for SSI and has been denied because he is not a US resident. How can he become a resident without having to take the oral and written English exam?

Mr. Lee answers:

An individual who is 55 years of age and has held the green card for 15 years is allowed to test in his or her own language. Failing that, he would have to have a disability that prevents him from being able to take the test for him to obtain an exemption. 

Q&A 3.

I Am an American Woman, Planning to File a K-3 Visa for My Husband, Who is Egyptian.

Unfortunately, I fear I may need to file bankruptcy soon. If I am able to meet the affidavit of support requirements with proof of income and employment or I have the assistance of a co-sponsor, will the bankruptcy effect his chances of coming to me in America? I am very worried about this, but I am at my wit's end with debt and feel I really need to do something to start over and begin rebuilding my financial life. I don't want to do ANYTHING that could jeopardize the chances of me bringing my husband to America, so I want to make absolute sure before I go through with something like that.

Mr. Lee answers:

If you meet the requirements of the affidavit of support, I seriously doubt that the fact of your bankruptcy will affect your fiancé’s ability to come to the United States. The form does not ask whether the affiant is under bankruptcy proceedings. 

Q&A 4.

Caught at the Border, Did Asylum, Didn't Go To My Hearing and Was Given a Final Order of Deportation.

Is there any form of relief for me if I am married to a USC spouse and have a USC child? I have been in the US for 10 years and have not criminal record. Can I ask the courts to reopen and terminate my case? Can I ask for Cancellation of Removal? I really do not want to ask for VD? Please help.

Mr. Lee answers:

If you were paroled into the U. S. for humanitarian reasons after you were caught at the border, you might be able to adjust your status to permanent residence with U.S.C.I.S. If you were not paroled and did not come in with a valid visa, you would find in most cases that neither ICE nor the immigration courts are sympathetic to reopening cases for which no final relief (adjustment of status) can be given. Cancellation of removal is not an option as your time was frozen when you were served with papers to go to court. Voluntary departure is also not a basis for reopening where that is the only relief being asked for in reopening the case. You may wish to wait for a political solution such as legalization if Congress ever agrees on such.

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.