In this video attorney Jacob Sapochnick talks about your options, as a U.S. Citizen, if you have just discovered that your foreign spouse used you to obtain a green card.
When such a case arises, and we are representing the U.S. Citizen who has just discovered that they have been defrauded, we advise our client to seek outside counsel. We cannot advise our client on how to proceed if we have filed the case because providing such advise creates a conflict of interest.
If our office did not file the green card petition, then it is possible for us to assess the U.S. Citizens options by having a consultation and discussing the situation at hand.
You are married to a US Citizen and you filed your petition for a green card, but now you are going through a divorce, can you keep your green card?
Divorce Prior to Green Card
If you have filed your application for a green card, but have not yet attended your green card interview, and you or your spouse has since filed for divorce, it is going to be nearly impossible for your green card application to continue without the U.S. Citizen spouse.
If the divorce is filed or is happening before the adjudication of your green card, there are very few options for the foreign spouse to obtain a green card.
As long as the foreign spouse is in legal status, they may be able to remain in the United States by changing their status to a nonimmigrant visa category. In this case, the foreign spouse may only remain in the U.S. temporarily, until the duration of the visa is up.
In this video attorney Jacob Sapochnick discusses the current processing time for the I-751 Petition to Remove Conditions on Permanent Residence.
If you were granted conditional residence (2-year green card) based on your marriage to a U.S. citizen (USC) or legal permanent resident (LPR), you must file USCIS Form I-751 Petition to Remove Conditions on Residence proving that you entered your marriage in good faith, and not to gain an immigration benefit. Filing the I-751 petition allows you to receive your 10-year permanent resident card
The most common question we receive regarding the I-751 application is how long the application takes to process.
The processing time depends on various different factors such as when you filed your petition, where you reside, the service center processing your application, and the volume of applications currently in the pipeline.
You can view the current processing times based on the service center handling your petition, by visiting the USCIS website.
The current processing times for each service center are as follows:
The California Service Center is currently taking between 14.5 to 19 months to process these petitions.
The Nebraska Service Center is currently taking between 15.5 to 23 months to process these petitions.
The Texas Service Center is currently taking between 16 and 19 months to process these petitions
The Vermont Service Center is currently taking between 15 and 19 months to process these petitions.
If you have received a request for evidence, then you may experience delays if you wait a long time to respond. If you have changed your address please ensure that you file a change of address on the USCIS website as soon as possible.