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« Back to articles from category "Legal"The following article was published in our article directory on May 8, 2013.
Learn more about SpinDistribute Article Distribution System.
Utah Immigration Lawyer on immigration Application Based on Marriage
Article Category: Legal
Author Name: Cassie Richardson
Yearly, hundreds of thousands of Americans get married to non-citizens. However, through this arrangement, non-citizens are given permanent residence statuses in the country. Immigration law considers the husbands or wives of American people as "immediate relatives." This means they are not liable to any numerical constraints; therefore, getting married to an American citizen is the quickest way to obtain a green card.
Conditional permanent residence status
A basic principle of immigration cases and divorce may involve an individual who comes to the United States. His or her intention is to live permanently within the conditions of a marriage that is not more than two years during his or her entry to the country. But this person receives a conditional permanent residence status within two years. In order to have full resident status, this person is required to file a formal request with the Immigration and Naturalization Services (INS) before the second year anniversary of being admitted as immigrant. If the married couple wants to stay married after two years then the applicant will obtain full permanent residence. However, if the marriage failed , the applicant will have to do without an immigrant status. Understandably he will become a candidate for deportation.
Immigration application following a divorce
Be wary, nobody is an expert on immigration law. Marriage-based immigrant application remains in the office of the INS. At the time of formal termination of marriage the immigrant party will no longer have residence status. It is also likely that the immigrant spouse will have to go through removal proceedings as soon as the case for divorce is finalized. Anyhow, the conditional resident may file a waiver of the mutual filing requirement based on the partners' implied covenant of good faith at the time they had gotten married.
Case
A woman got married in the States and is considering divorce after a year of marriage. She is a Canadian holding a green card obtained through the marriage. The Utah immigration lawyer tells her that if she gets divorced during her conditional permanent residence or within two years after marriage, it does not automatically imply that she loses her chance to obtain legal permanent residence status in this country. The law was modified favoring the right of the immigrant to remain in the country after dissolution of marriage within a two-year period. This is applicable provided that the immigrant can substantiate that their marriage was valid and not merely for her to obtain a green card. The form to be filed refers to the I-751 to revoke the conditions under the conditional permanent residency.
Evidently, it can be problematical on the timing of the court's formal order of granting dissolution of the marriage, the ninety-day window for the I-751 filing, and if the former spouse is willing or not concerning the joint petition. There are other bases such as violence and maltreatment. If so, you need to collect documentations of the incidences such as personal injury or medico legal reports. The smartest thing to do is consult an experienced immigration lawyer. Charity organizations in Utah can help out in providing an immigration attorney who can offer assistance especially if you have little income. Overall, no one is an expert on immigration law and only certified lawyers can guarantee results. To be on the safe side, contact a reliable law firm for any particular immigration concern.
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