How long should I wait to re-apply for my Green Card? 3 Answers as of May 11, 2011

I was married to US citizen in Dec 2008 and divorced (final) my husband in Feb. 2011. I have applied a green card but it has been canceled because of our divorce. I received an appointment letter from USCIS a week before I file the divorce so my lawyer know about our divorce so she send USCIS a letter for canceled my appointment with USCIS. What I have now is valid Work permit and social and states ID. My question is I have re-married to a US citizen and my husband its in the US army. I have been married for 1 month and half so how long should I wait till I will be able to re-apply my green card? Can you suggest to me a few immigration lawyers?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
It sounds like you were a Conditional Resident and had a 2 year conditional Green Card. You then filed a Joint I-751 because you were married, but now you are divorced. It's unclear if your I-751 was denied when you did not go to the interview. If it was, and you are now married to a U.S. Citizen you can and should apply immediately for a new Green Card.

Once your I-751 is/was denied you lost your legal status and will be referred to the Immigration Court since you no longer have any legal status. You can now file a new I-751 requesting a waiver of the joint filing requirement, or you can be re-petitioned for a new Green Card by your new husband.
Answer Applies to: California
Replied: 5/11/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If your first marriage based green card was denied, was that because of marriage fraud? Did you ever have the initial two year green card? I am assuming that you never got that initial green card. There is no wait period however DHS will definitely look very closely at both of your marriages to make sure there is no fraud. An attorney is a must. I recommend looking at for a competent immigration attorney in your area!
Answer Applies to: California
Replied: 5/10/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You would better not wait because technically you overstayed your visa. You are welcome to contact us for assistance. We are law firm specializing in immigration.
Answer Applies to: Florida
Replied: 5/10/2011
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