QUESTION
What do I do after the divorce decree is received in terms of my citizenship application?
Asked on Oct 10th, 2011 on Immigration - California
More details to this question:
My citizenship application is currently under extensive review after a successful interview back in Sept 2,2009 based on the 3 year marriage rule. I was married in 03/05/2004 and currently separated. My last name has been legally changed in May 16,2011 and I had a lawyer who convinced me of following up on the case since 0ctober 2010 and does not respond to my emails any more since February. What do I do after the divorce decree is received? Since my green card needs to be updated to reflect my new name and also to avoid paying immigration twice. Do I follow up of my citizenship or the green card renewal?
4 ANSWERS
Business Litigation Attorney serving Chicago, IL
at
Law Offices of Peter Y. Qiu
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I would need to interview you and review all relevant documents before an action plan can be developed for your case.
Answered on Oct 17th, 2011 at 2:43 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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The facts are confusing because if you had had a successful interview in September 2009 you should have been sworn in within 30-45 days thereafter. Perhaps you passed the history and government tests but could not adjudicate because of your separation and need to talk to a supervisor before adjudication. You are only eligible to file under the three year rule if you are married and "living with" a U.S. citizen. If you were separated at the time of your interview, then you would not be eligible for approval and will need to re-file now that five years has transpired.
Answered on Oct 14th, 2011 at 10:22 PM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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In order to apply under the three year rule, you must remain married and living in marital union under the day you naturalize. Refile your naturalization application once you have the required 5 years (minus 90 days) after your date of "admission".
Answered on Oct 13th, 2011 at 10:25 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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It is unclear what do you mean by "renew" your green card. If you have conditional green card, you must file Form I-751 to remove condition. CIS will not approve your N400 without first or concurrently approving your I-751. The fact your interview was in 2009 but you still have not received a decision is not a good sign. If your lawyer did not respond to your inquiry, find another lawyer.
Answered on Oct 13th, 2011 at 10:18 PM