Published on Lawyers.com and the Epoch Times on July 14, 2017

Q & A.

Am I Eligible To Apply Asylum?

I need information regarding changing my status on my c1d visa. Am I eligible to apply asylum?  I came to the US 5 months ago.

Mr. Lee answers:

Individuals arriving in the United States on C-1/D visas are eligible to apply for political asylum. You should make the application within a year of your entry into the US. Your application would have to be based upon persecution or a well-founded fear of persecution on account of race, religion, political opinion, nationality, or membership in a social group.

How Can I Remove Conditions on My Green Card if I Divorce From American Citizen?

I'm married 3 years ago to an American citizen.  She did a lot of things to help me in my life and when I came to United States she did a lot of things bad to me.  We are a different religion and when she married me she asked me to hide this part front her family and all people. I promised her because I love her and now I'm here 1 year and 4 months.  She kicked me out home more than once without food without money without anything 7 months ago.  She rented a room for me to stay and all the time she is a liar with my family and talked about me bad with everyone.  The only thing she doesn't want to say is that she is married because we are in different religions (this is my opinion).  All the time she threats me and she doesn't want to fix everything.  She told me before “I'm American citizen and you can't do anything to me”.  And that I have to upgrade my green card after few months and she doesn't want to do any paper with me to proof this marriage in good faith.

Mr. Lee answers:

Removal of the conditions of residence status based upon marriage depends upon your ability to prove a bona fide marriage. If jointly, your wife would have to assist in the process. You may also be able to obtain removal of the conditions if you are divorced and able to prove that your marriage was bona fide in its inception. If you plan to apply to remove conditions in the latter manner, you should ensure that you are able to obtain and take away all documentation proving that you have been living together during the time of your marriage. Sometimes spouses in non-amicable breakups tend to throw away documentation which may help the other party, so you would be best advised to gather whatever documentation that you can and put it in a safe place so that you can later present it to U.S.C.I.S.

Divorce

My boyfriend of 6 months needs to get a divorce with his wife they have been separated and both in the states however they are from Jamaica.  It’s an uncontested divorce for a Jamaican couple that's been separated over a year.

Mr. Lee answers:

As long as there is proper service and compliance with state law, a divorce in the States is good for immigration purposes. I assume that this is your question.

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.