District of Columbia Immigration Legal Questions

A name correction can be taken care of at the time of a U.S.C.I.S. adjustment of status interview with the interviewing officer. However, new security background checks will have to be conducted that will delay any adjudication of your husband's case. That is because U.S.C.I.S. likely did not run the correct name when it went through his background checks, and so will have to do it again. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

I-130 Question 14b asks *"Did you gain permanent resident status through marriage to a U.S. Citizen or lawful permanent resident?"* If, since your obtained LPR with an I-360 filing based on VAWA, you were "a battered or abused spouse or child of a U.S. citizen or lawful permanent resident," then you should answer "Yes' If you have any other questions on any of the other forms, such as I-130, I-485, I-864, I-765 or I-131, then please contact my law office.... Read Answer

If you have solid proof that you were in a bona fide marriage with your ex-husband (child together is the best proof), then you can file for the I-751 application to remove the conditional basis of residence status at this time. If on the other hand you choose not to do this, you could possibly wait until the expiration of the conditional residence period, and then try to apply again through your new husband. Under the latest guidance from U.S.C.I.S., you may have to go through the immigration court to have your status readjusted through your new husband.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

If you are no longer married to a US citizen, you'll have to wait the full five years (actually, 90 days before the five-year anniversary of your lawful permanent resident status).  Travel is not a problem as long as you were not gone longer than 180 days total over the five-year period.... Read Answer

Although you are correct that embassy grounds are considered part of US soil, the fact that you work at the embassy does not mean that you are residing in the US. Even if an argument could be made that residence in a US Embassy is residing in the States, you do not appear to actually be residing there as much as you are working there.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You are not obliged to fulfill the two-year foreign residence requirement attached to your wife's J-1 visa status if you are planning to move from J-2 to J-1. A home residence requirement must be fulfilled or waived prior to an applicant's applying for nonimmigrant visas H or L or obtaining permanent residence. In the exercise of agency discretion, you may either be able to change your status in the US or obtain the J-1 visa at a U.S. consulate or embassy in your home country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Dear Amanda, Thank you for posting your question.  US Immigration laws dictate that if an alien applies for permanent residence through marriage to a US Citizen within two years of such marriage, that they would receive conditional permanent residence.  This is basically a green card valid for 2 years.  The US Citizen and such conditional permanent resident must jointly file an application to remove the conditions within the 90 day period immediately preceding the conditional permanent residence expiration.  So for example, if the permanent residence expires on December 31, the joint application (which must be signed by both spouses) must be filed anytime from October 1 to December 31.  The spouses are required to submit evidence that they continue to establish their lives together as man and wife and that their marriage was initially entered into in good faith.  If the marriage terminates within the conditional residence period, the alien becomes deportable immediately upon the termination of the marriage.  The law, however, affords the conditional residence an opportunity to file a waiver of the joint application to remove the conditions requirement by submitting an application containing evidence that the marriage was entered in good faith. In your case, you must be mindful of the consequences of terminating your marriage and its impact on your husband's immigration status.  I would suggest that you consult with an experienced immigration lawyer to make certain that your husband is not placed in jeopardy.  Please let me know if you have any additional questing and best of luck.  Gus M. Shihab, Esq The Law Firm of Shihab & Associates, Co., LPA gus@shihablawyers.com 877-479-4USA (4872) Free Consultation.  ... Read Answer