What is the chance of filing I-751 and extend my status? 3 Answers as of April 27, 2015I was married in 2009 and got my two year green card but I didn't renew. I lived with my wife until 2011 then we separated but we tried to save our marriage until 2013, but nothing changed. I started dating with my current wife for a year. End of 2014, we decided get married and I divorced from my first wife in January 2015. After 2 months, I got married with my current wife and I want to apply a green card to go overseas for our wedding ceremony. I still have my expired (2011) green card from first marriage. What is better to travel in 4 months with good condition status?
World Esquire Law Firm | Aime Katambwe
If I understand you correctly, then I would say you want to begin the adjustment of status process and live in it you want to file the I 131 advance parole form. What the advance parole will allow you to do, is that a during the processing of your adjustment of status, you will be allowed to come and go from the United States multiple times so that you can take care of business overseas and come back to the United States without abandoning your adjustment of status process. Do not leave the United States without this document.
Answer Applies to: California
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Since you failed to timely file a petition to remove conditions, you no longer are in legal status and if you were to travel abroad, you would not be re-admitted into the U.S. Beyond that, by failing to timely file the petition it is possible that removal/deportation proceedings were initiated, and perhaps concluded with an Order of removal/deportation, without you being aware of this. It would be wise to engage an immigration attorney who, after learning all of the relevant details about your immigration-related history, your first marriage and your recent marriage, would be able to advise you about the most appropriate steps to take at this time. That might, for example, involve filing a Petition to Remove Conditions with a request to waive the usual requirement that you and your (first) wife petition together, and about filing a new marriage-based Adjustment of Status case. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia