SlideShare uma empresa Scribd logo
1 de 8
Baixar para ler offline
The QuickestWay
I to a GreenCard is Nard,--
ThanYou
M
arrying a U.S. citizen has tradi-
tionally been the quickestroute to U.S.
permanent residency (mostcommonly
referred to as having a "green card).
Even now, despitethe crackdownon sham mar-
riagesentered intoin the 1980sandearly 19905,
immigration attorneys receive calls to this day
from people openly admitting they married to
obtain a green card and money exchanged
hands as if its common practice and easy to get
around.Thepenaltiesformarriagefraud,if aper-
son is caught,aresteep,includinga possiblefive-
year jail Sentence, a $250,000fine and, perhaps
the worst consequencefor an immigrant, a life-
time bar to ever receiving a family or marriage-
based immigrantvisa thatcouldotherwiselead to
a greencard. (8USC 31325(c),Irnrnigrahonand
Nationality Act §275(c); 18 USC $9371, 1001, ,1546.) For many, though, the benefits of this 1
arrangementstilloutweigh the risk Workingille-
gally as a bar to receiving a green card does not
applywhen an immigrantismarried toa U.S.cit-
izen spouse sponsoring him or her for a green
cad (INA §245(c).) Overstaying a visa and then
residingillegallyin theU.S.without lawfulimrni-
@on status is forgiven when an immigrant is
marriedtoa US,citizenspousesponsoringhim or
her for a green card. (INA 9212(a)(6)(A).)
In 1986,Congresspassed the Immigration
Marriage Fraud Amendments (IMFA),based on
thepremisethatthesurestwaytocounteractand
detect fraudulentmarriagesentered into for the
solebenefit of obtaininga greencardwas topri-
marily test the longevity of the relationship.
(Immigration Marriage Fraud AmendmentsAct 1,,
of 1986 (Pub. L. 99-639, 100 Stat. 3533.) This
law, which amended the Immigration and 1 1
Nationality Act, established the "conditional"
green card. Now, consuls abroad and U.S.
Citizenship and Immigration Services ("CIS"),
formerly known as INS inside the U.S., issue
"green cards'' for only two years. These condi-
18 ORANGE COUNT1 UdxWYER
tional green cards are issued to an immigrant
whose marriageto a U.S. citizen is lessthan two
years old at the time the green card case is
approved. This conditional status is usually
granted at the green card interview in front of
thespousesorsubsequently,if a decisioncannot
be made at the interviewdueto apendingback-
groundcheck or other issuewith thefile.
This "conditional green card" will expire
two years after the initial permanent residency
statuswas approved if, in most cases, thecouple
cannotprovethat they arestill livingtogether as
husband and wife at the end of that two-year
period. The immigrant has a 90-day window
immediatelyprior to the permanent residency's
expirationto filewith theirspouseto removethe
conditional basis of residence. If this window is
,missed, permanent residency expires, will be
dficidy terminated,and the immigrantspouse
will be subjectto deportation.
Usually, the immigrant spouse's goal is to
keep their green card by timelyfiling to remove
'thecondition and make their residency perma-
nent. In rarecases,immigrantspousesjust leave
the U.S. after their green cardexpires,abandon-
ing their residency.The immigrantwill have to
start all overas a temporary, nonimmigrantvisa
1
holder,in mostcircumstances,and apply for re-
entry into the U.S. at a later point. This may be
more difficult to accomplish, requiring the
immigrantspouseto convincea consularofficer
andportof entry officerthat, although shewas
a formerlawfulpermanentresident and lived in
the U.S., she has no current intent to "move
back" to theU.S. by tryingto qualifyfor,orenter
the U.S.with, a temporaryvisa.
A "permanent" green card is valid for ten
years,iseasilyrenewable and,once issued, is no
longeraffectedby thesplitof thepartiesthrough
divorce or death of the petitioning U.S. citizen
spouse. Unconditional lawful permanent resi-
dencyisnot U.S,citizenshipbut itdoesallowthe
immigranttolivein the U.S.fortherestof hisor
her lifeunless the card is abandonedby moving
outside of the U.S. or the immigrantisdeported
for,in most situations,criminalacts.
Oops. ForgottoPile!
A common problem occurs when the
immigrant and/or their spouseforget about the
expiration of the green card and lawful perma-
nent residencyis terminated.
With an expired card, the immigrant will
haveno legalproof fortheiremployerthatsheor
he still has the legal right to work The immi-
grantwill also have no proof that he or shehas
a rightto re-enter the U.S. if the immigranttrav-
els abroad with an expired green card. This
problem trickles down into every facet of the
immigrant's life on paper including making it
impossible to renew a driver's license, profes-
sional license, and to obtain credit. This prob-
lem also places the immigrant in a vulnerable
positionwith a controllingorabusivespouse.An
immigrant without legal status loses leverage
and position in custody and alimony negotia-
tions in divorce proceedings. The immigrant
spouse,who isoftenworried aboutbeing deport-
edbecausetheotherspousewill not cooperatein
filing the joint petition, is o h n forced to sign
"contracts" with their spouse. Commonly,
through such contracts, the immigrant spouse,
who may not know of the waiver option as an
alternativeto the joint petition, will sign over a
jointly owned auto and an existing joint house
deed to the sole property of the U.S. citiin
spouse,to achievetheir spouse's compliance..
The statute allows an immigrant to file to
release the condition on their green card by
either joint petition orwaiver even if the immi-
grant files "late," which is after the 90-day win-
Benefitsof the UC lrvine Extension
Paralegal Program:
W ABA-approved
W Opportunity to become part of a legal services
delivery team
Outstandingreputationfor practice-based
education
W Expert instructors representinglaw firms,
corporations,and public sector agencies
W Internships& job postingsavailable
Make a Difference. Become a Paralegal.
. dow before the two-year conditional residency
expires.The joint petition or waiver may be filed
evenwhenCIShas alreadyaffirmativelyterminat-
ed the immigrant's permanent residency. An
immigrantmusthave "goodcause" forfilinglate,
however. "Good cause" is a term that is undefined
in thestatuteorcaselaw. (8CFR 216.4(a)(6).)In
practice, the shorter the time between the expira-
tion of the green card and the filingof thewaiver
or joint petition, the more likely CIS will excuse
the late filing.Documentingthe reasons that led
to the late filing (e,g,,familyemergency,medical
crisis, a move to a new city, upheaval at work)
greatly improvesthe chances tdat CISwill accept
the case. The petition must, however, be filed
before the Immigration Court assumes jurisdic-
tion over the immigrant, which occurswhen the
clientisservedwith a "Notice to Appear" ("NTA")
before an immigration judge for the comrnence-
ment of removal p d n g s (2 e.,deportation).
When this will happen remains a gamble for the
immigrantwho never knowswhen an NTAwillbe
issued;thiseventcan occur assoon as threetosix
monthsafterthecard's expiration,andsometimes
not at all.
Oncethe CISsendsanoticetotheimmigrant
that hisorherpetitionhas been received (calleda
"receiptnotice"), the immigrant'sunlawfulstatus
sincethedatehisor her greencardexpiredwillbe
backdated to the date of expiration,returning the
immigrant to lawful immigrant status. And this
backdating occurs even if the petition was filed
late. Further, the receipt notice itself provides the
immigrantwithproof that hisorher green cardis
still valid for another year or until the case is
decided, whichever comes first. If the case is still
not hided within a year, the green card will be
extendedfor anotheryear andwill continue to be
extended annually until the case is decided.
Currently,the averageprocessing time for the Lm
Angela CIS Field Office,whichoverseesthe Santa
Ana sub-office,to issue a decision in a joint peti-
tion or waiver case ranges from one to eight
months.
WhentheMarriageMhApart
Even if the couple is experimentingwith a
trial separationbutneither has filedfordivorce,it
may bepossibletocontinuewith the joint petition
if there is hope for reconciliation. In this situa-
tion, it is much more likely that the couple will
have to interview again with CIS to verii the
bow& natureof the relationship,especially if
separation happened withii the first six months
JULY 2007
after the immigrant's initial green card was
approved. The more common occurrence
immigration attorneys face, especially given
the divorce rate in thisstate,is that the couple
has no intent to reconcile and usually one of
thespouseshas alreadyfiledfor divorce.
Marriages that are on the rocks as the
two-yearexpirationdateapproachescan great-
ly interferewith the immigrant's desire to keep
their permanent residency. Even ifa marriage
was initiallyenteredintofor "love," but isnow
leading to divorce due to domestic violence,
adultery, or other "irreconcilable differences"
near the t i e the immigrant's green card is
aboutto expire, a joint petition may not be fea-
sibleby the time the greencardexpires.In most
cases, requiring the cooperation of the petition-
ing U.S. citizen to sign and file to have the con-
ditionremovedcreatesapower-strugglebetween
a feudingcouple and,worse, gives a potentially
or alreadyabusiveU.S.citizenspouseevenmore
power and leverageover the immigrant.
There are limited exceptions available to
an immigrantspousewhen his or her U.S. citi-
zen spousewill not cooperate in filing to have
the conditionremoved from the greencard. If a
coupleseparatesordivorcesat anytime afterthe
green card is first issued, it is unlikely that the
originally sponsoring U.S. citizen, or "lawful
permanent resident," spouse will cooperate in
helping the immigrantspousefor a number of
reasons. If this happens, it may be possible for
the immigrantspouseto applyto have the con-
dition removedfrom his or her own green card
by applying for a "waiver." The waiver allows
theimmigrantto applyto removethecondition
on his or her green card without the assistance,
and sometimeseven without the knowledge, of
their U.S. citizen spouse. The other benefit,
applicable to each of the three grounds for a
waiver, isthat thewaivermay be filedbeforethe
90day expiration of the immigrant's green
card and, in some circumstances, even after
p n m m ~ e n C y n a s t e r r n i n i f o r ~ F
to filebeforeexpiration. (Matterof Stowers,22
I & N Dec. 605 (BIA 1999)(noting that,
althoughthe statute only specificallymentions
that the extreme cruelty waiver may be filed
beforeor afterthe90-daywindow,itislogicalto
concludethat Congressintendedto allowany of
the waivers to be filed at any time, assuming
joint filingis not possible or feasible).)
There are three different grounds to apply
for a waiver:
(1) goodfaith madgee;
(2) atreme bar&@;
(3) atreme mlty.
2% GoodPaitb M a d g e Waiver
The good faith marriage waiver requires
that the immigrant's marriage is over, i.e., that
a finaldivorcedecreehas been issuedprior to fil-
ing the case. (W. Yates, Acting Assoc. Dir.
Operations, "Filing a Waiver of theJoint Filing
Requirement Prior to the Final Termination of
the Marriage," INS Mem. HQADN70123.12 (Apr.
10,2003).)The immigrant must alsoprove that
the marriagewas enteredinto in goodfaith and
was terminated through no fault of the immi-
grant. (INA §216(c) (4) (B).)
ThisTaiE ~GitesGGngissIlefF6
immigrant trylng to prove thebona&!e nature
of the relationship, especially in states such as
Californiawith minimum waitingperiods of six
months before a final divorce decree may be
issued. If the immigrant does not want to gam-
blewith thepossibilityof facingdeportationand
falling out of status until his or her divorce
becomes final, the immigrant will file the
divorce early to ensure that the final decree is
Employment D ~ s ~ u K ~
Mediation Center
Flat Fee/Fd day mediation
Evaluation of strengths,w&nesses and casevalue txased
upon extensivetrial =den=.
No additional charge regardless of time expended
or locale.
-cAfIxq+mmmmm:d-i h%%Ziient,
coiltract,hour & wage, dam &s, 17200,12340,etc. .
Our new office in historic SanJmn Capistrvlo
(adjacentto rail transportation) or your facility
* Callto book a semion or to receive crur
brochurewith rates and c/x
Ask to be added to ow d i n nand-
e-mail list.
ROBERTD. COVIELLO
( )
(949)429-7500
- 2 coviello@coviello-law.com
- For your em~loyment~dispu
issued prior to the permanent residency's two
yearexpiration.Theproblem this creates is that
it necessarily shortens the amount of time that
the couple remains married or even living
together on paper after the green card's initial
issuance, thereby creating the appearance of a
shammarriagebecauseof itsshortduration.To
counteract the effect of the limited duration of
the marriage,the immigrantwill likely have to
prove - through numerous joint accounts that
remained active and used by both spousesdur-
ingtheperiodfollowingtheinitial grantof law-
ful permanent residency to the date of separa-
tion-thatthemarriagewasindeed realandnot
enteredintoforthe solebenefitof a green card..
Although the seminal authority in marriage-
based cases MatCerof McKee, indicatestWhe1 -
standard of review in any marriage case is
whether themarriagewasvalidatits imption,
CIS, in practice,chooses to focus solely on evi-
dence showing a good faith marriage durilag
the conditional two-year period. (Matter of
McKee, 17 I & N Dec. 332 (BIA 1990)(holding
that thefocusshouldnot be onwhether there is
a presently subsisting "viable" marriage, but
ratherwhetherthe marriagewasenteredintofor
the primary purpose of circumventing the
immigrationlawsin the firstplace).)
TheExtreme Ctrrelty Waiver
The extreme cruelty waiver, added when
IMFA was amended by the Immigration Act of
1990,also requires that the immigrant demon-
strate that slhe entered the marriage in good
faith but was battered or otherwise subjected to
extremecrueltyby their spouseduringthe mar-
riage. (Pub. L. No. 101-649, 104 Stat. 4978
(IMMACT90), now reflected in INA
+zrg(Mw.mmettv-the regulationsmay include:
. . . being the victim of any act or
threatened act of violence, including
any forceful detention, which results
or threatens to result in physical or
mental injury. Psychological or sexu-
al abuse or exploitation, including
rape, molestation,incest (ifthevictim
is a minor) or forced prostitution
shall be considered acts of violence.
(8 CFR §216.5(e) (3)(i).)
Although not mentionedspecificallyin the
statute or regulations, extreme cruelty also
includesfinancialabuse,.If one incidentof vio-
lence is severe enough, therewill be no need to
O R A N G E C O U N T Y LAWYER
establisha pattern of abuse. In most cases, how-
ever, there is not one moment of abuse that
stands out in the relationship. Consequently,
CIS has adopted a "totality of the circum-
stances" approach to reviewing these cases.
Even periodsof contrition by the abusivespouse
may count towards establishing abuse if the
abused immigrant is being influencedpsycho-
logicallyand is unavoidablycaught in the cycle
of violence. (Hernanakzv.AshcroJ, 245 E3d
834 (gth Cir. 2003)(overturning the Board of
ImmigrationAppeals decision in a suspension
of deportation case and holding that extreme
mental cruelty existed during the contrition
period of the abusecycle).)
The extreme cruelty waiver applies both to
women and men. The immigrant may offer
"any credibleevidence" toprove theircase. (INA
216(c)(4); see ah0 Aleinikoff, Exec. Assoc.
Comm'r, Office of Programs, "Implementation
of Crime Bill Self-petitioning for Abused or
Battered Spousesor Children of U.S. Citizens or
Lawful Permanent Residents", INS Mem. HQ
204-P (Apr. 16,1996).) Such evidence may
include affidavitsof witnesses,both indirect and
direct,police and medicalrecords,psychological
evaluations, shelter letters, and restraining
orders. Section 40702 of the Violence Against
Women ~ c tof 1994 amends section 216 of the
Immigration & Nationality Act to prohibit CIS
fromrequiringanyspecificformof evidence,such
as the recommendation of a mental health pro-
fessional, to support a conditional green card
waiver based on abuse or extreme cruelty. And,
although the immigrant still has to demonstrate
that she entered into the marriage in good faith
by providing copies of joint documents and evi-
dence of a shared life together, the "any credible
evidence" standard affords the immigrant the
opportunity to explain why certain joint docu-
ments are inaccessible or why many joint
accounts never existed in the first place given the
controllingnature of the relationship.
These are usually very emotional cases.
Often'theimmigrant hasneversoughtcounseling
before and will rely on the attorney to help them
come to terms with, and start recognizing,abuse.
The attorney is possibly in the best position to
encouragethe immigrant to seek counseling and
physical safety, two priorities the immigrant may
have dismissedfor fear of leaving an abusivesitu-
ation due to potential loss of their green card.
Despite the emotional nature of these cases and
the time involved, there are distinct advantagesto
I LAST MINUTE TRIAL SPECIALIST I
r i
LAWOFFICEOF
STEVEYOUNG
949.788.3999
ALL TRIAL WORK
i
ALL AREAS OF LAW
More than 125jury trials
Multiple multi-million
dollar verdicts
...................e-mail address: bestlawyer@aol.com
web address: www.juryattomey.com
filingunder thiswaiverground.Forone,a final
divorce decree is not required. The immigrant
does not even have to be separated from their
spouse. Second, the petition process is com-
pletelyconfidential. If filed on this ground,CIS
is forbiddento disclosetheexistenceof thiscase
to anyone outside of the agency, including the
immigrant's spouse. 8 CFR 216.5(e)(3)(viii)
providesforconfidentialityof conditional green
card waivers based on the extreme cruelty
ground. CIS may not release any information
about the filingwithout the written consent of
the immigrant or by court order unless it is
being released to the immigrant or the
DepartmentofJustice or other lawenforcement
officials.Because the batterer or abusivespouse
will not learn, from any CIS source, about the
existence of the case, the immigrant spouse
does not have to worry about a controllingand
unpredictable spouse sabotaging the waiver
interview if one is scheduled. This waiver
affords the immigrant the opportunity to take
back control over their own immigration case,
free from the whims, anger, and retaliation of
their spouse.
TZwExtreme Hardskip Waiver
The extreme hardship waiver is the only
one that does not require the immigrant to
prove that she entered into a good faith mar-
riage. (IN& Pub. L. No. 82-414, 66 Stat. 163
(codified asamendedat7 USC $$1101etseq.),
$216(c)(4)(A);but see Velasquezv. LNS,876
F.Supp 1071 (D. Minn. 1995) (upholding an
INS interpretation of $216 that an alien who
engagesin a sham marriageis ineligiblefor an
extreme hardship waiver notwithstanding the
alien'scurrent b mfiakmarriage).)While, at
first glance, it may seem this type of waiver is
the easiest to obtain - especially if the immi-
grant has little documentation to support the
existence of a born $& marriage - the
extremehardshipwaiveris generally thought to
be the most difficulttypeto get approved.
The immigrant must demonstrate that
slhe would suffer extreme hardship if deported
to their homecountry. The hardshipmust arise
from developments in the immigrant's life or
country's political or economicconditions that
arose during the conditionalperiod only. (INA
$214(c)(4)(A).) If the immigrant is a woman
rocketscientistfrom Iran,a countrywhich does
not have aspaceprogram but does have a doc-
Continuedonpage 30
O R A N G E COUNTY LAWYER
EXPERT WITNESS
and LAWYERS ADVOCATE
STATE BAR DEFENSE
PHILLIPFELDMAN
B.S., M.B.A., J.D., AS?
Fellow American Board of
ProfessionalLiability Attorneys
CertifiedSpecialist
Legal & Medical Malpractice
(Californiafe AmericanBar Associations)
Former Judge Pro Tern
Former State Bar Prosecutor
Fee Arbitrator30 years
Litigator/Expert38 years
Malp1Ethic.sAuthor
www.legalmalpracticeexperts.com
E d : legmalpexpe&walcom
StateBarDefense@wLcom
(310) LEG-MALP (534-6257)
I
ALSO FEE DISPUTES,
PREVENTATIVELAW & RISK
MANAGEMENTCONSULTATIONS
umentededucationaland culturalbias against
women,perhaps this is an easier case to prove.
Butwhen the immigrantcomesfrom acountry
generallyperceivedtobe politicallyinsyncwith
the U.S., such as theUnited Kingdom,Canada,
Mexico, or the Philippines,it becomes a much
more difficult case to prove. The definition of
what constitutesextreme hardship is left unde-
finedin thestatuteandisconstantlyevolvingin
the realm of case law which varies depending
on the applicable circuit. Some of the factors
appliedby CISinclude:
Theeconomicandpoliticalconditionsof the
1 immigrant's home country;
The immigrant'soccupationandworkskills;
His or her immigrationhistory;
Theimmigrant'sposition in the community;
Whether the immigrant is of special assis-
tance to the U.S. or their community;
The ageof the immigrant;
Theageandnumberof theimmigrant'schil-
dren and their ability to speak the native lan-
guage andadjustto life in anothercountry;
ConfidenceAtTheCourthouse.
I
Business litigation is increasinglycomplex. That why we believe valuation
issuesmust be addressedwith the same meticulouscare
as legal issues. Analysis must be clear. Opinionsmust be HIGGINSdefensible. Expert testimony must be thorough and W C U Sarticulate.HML has extensive trial experienceand can
provide legalcounsel with a powerfulresourceforexpert
testimony and litigationsupport.
GLLOVETT
BUSINESS VALUATION
Theimmigrant's inabilityto obtain adequate
employment in theforeign country;
How long the immigrant has lived in the
ForMoreInformationCall213-617-7775
U.S.;
Or visit us on the web at www.hmlinc.com
BUSINESSVALUATION LOSSOF GOODWILL ECONOMIC DAMAGES LOST PROFITS
The irreparable harm to the immigrant that
may ariseasa resultof disruptionof educational
opportunities;and
The adverse psychological impact of deporta-
tion on the immigrant.
(SeeMatter ofm&Ldn, 23 I&N Dec.45 (BIA
2001); Matter of Pi.kb, 21 I&N Dec. 627 (BIA
1996); Matter of Amkrson, 16 I&N Dec. 596
(BIA 1978).)
Proving extreme hardship can be tricky,
comparableto a mini-political asylum case rely-
ing on documents like Human Rights Watch
press releases that track the current climate of
political and economicunrest in a client's home
country. As with asylum cases, the case for
extreme hardship can fall apart if the home
country's conditions improve. Evidence to sup-
port a case for extreme hardship may include a
report from a licensed psychologist or Marital
and Family Therapist documenting the immi-
grant's currentmentalstateandtheprognosisfor
deterioration and potential long term physical
and mental effects that could be triggered by
deportation.Immigrantsmay also producemed-
ical reports, doctors' letters, and affidavitsfrom
friends,co-workers and even family members to
describethehardshipthe immigrantwill su£ferif
separatedfrom these relationships.
Why would an immigrant opt for an
extremehardship waiver, givin the kculty of
proof? Takethecaseof an immigrantwho issep-
arated from his or her spouse and is quickly
approaching the two-year conditional residency
expiration but does not yet have a final divorce
decree. Filing the extreme hardship waiver
allowstheimmigrantto buytime,z.e., to remain
in lawfulstatusuntilthedivorceisfinaland then
re-fileunderthe goodfaith marriagegroundif it
will be a stronger case. The case for extreme
hardship must be legitimate and documentedor
else filing for this waiver will create credibility
issues, impairing the immigrant's chances of
receivinganywaiverapproval. Lastly,thiswaiv-
erhasno statutoryrelation tothemarriageitself,
so an immigrantwho is not on good termswith
his spouse will not have to worry about the
spouse's cooperationor input.
All Ho e Lost?Understandingthe
PAppea sProcess-.
The statute is silent on whether an immi-
grantcanapplyformorethanonewaiver ground
simultaneously, but immigrants are urged to
apply for as many grounds as are applicableand
, I I
30 ORANGE COUNTY LAWYER
arguable.Adeniedwaiveror joint petition cannot
be technically appealed to CIS, althoughcounsel
may fileamotion to reconsiderwithin 3days of
the decision based on evidenceunavailableat the
time of the case submission. (8 CFR
103.5(a)(I)(i).)A motion to mpen may be pos-
siblewithin that 30-day periodaswell if counsel
canprove thatCISappliedanincorrectlegalstan-
dard or relied on inapplicableor overturned c w
law. (Id.) Appeal of the CIS decision must await
issuanceof aNotice toAppear More an immigra-
tion judge beforewhom themeritsof thecasemay
be re-argued Becauseanimmigrationjudgem q
only review the particular ground or grounds
appliedfor, it is in the best interestof the immi-
grant to apply for as many f e d l e and support-
ablegroundsto preserve thepossibilityforappeal.
Cihnship t~wequeucs-
Waivervs.JoiatPietition
In deciding whether to file a joint petition
with their spouse,or going it aloneby filingfor a
waiver, what are the consequencesfor citizenship
eligibility?If the immigrantwho decidesto file a
joint petition received their green card through
marriageandis stilllivingwith their huband or
wife three years after the green card is initially
11 FAX (714) 505-6199
II
ARE YOU PAYING
TOO MUCH FOR
INSURANCE?
BlueMulledInaranwsmoffers a wide
variety of plansfor law professionals.
Individualmedicalinsuranceavailable
featuring BlueCrossof Californiaand
BlueShieldof California. +O(
erk'
Perronallzed qoote examples:
SingleAttorney Age 40
Highdeductibleplan
($4,000 deductible, 10096coverage
thereafter in network)
$128 per month BlueShield
(also qualifiesfor tax deductibleHealth
SavingsAccount)
MarriedAttorney Age 34
=Spouseandthree children
($2500 deductible-2 max. per family
$35 co paydoctorsvisits)
$468 per monthBlueCrossof California
Eachplanis individuallyunderwritten.
For your personalized quote
call 714-884-1005 extPZO4
or vlsit us onlineat
www.bl~eardlcallns~rance.com.
Hediditagain! 1TheLaw F h ofK e v & ~lzeldodofferstJzeir
California'spremiere personal trial W e rwho continueshis
impressivestring ofjury trial Recent victoriesinclude:
HILL V. BUDGET RENT-A
OC CaseNo. 04CC07264
Auto Accident
'Wnal Offer": $85,000
Jury Verdict: $2,800,000
SCOTTOv.RAYC.AMMACK SHOWS,JNC.
OrangeCountyCaseNo.05CC08111
FenceFell at0.C Fair
"Fii Offer": $r10,000
Jury Verdict: $972,159
DELOSSkWX v.ALBERTSON'S INC.
orangeCounty CaseNo.05CC02101
S u w t sql&Fall
"FiiaIO W : $10,000
JutyVerdict: %@,W
I !
I ! 1 I !
dFouptsin Valley, LA92708, mail: ~osell@KerrLarFirrn~e~m
JULY 2007
James W.Lancaster, Jr.
Certified Public AccountantlAccredited in Business Valuation
CertzpedPublic Accountant Certified ValuationAnalyst
Certijed Fraud Examiner Master of BusinessAdministration
Member AICPA, CalCPA,ACFE, IACVA & NACVA
Valuation,Fraud & Litigation Services
Economk LossAnalysis Business Val-n
LitigQtionSapport Expert Testimony Fraud Investigation
714-961-0844
714-501-0576(Cell)
714-579-1766 (Fax)
W. HACKBARTH,JR.
----:d GeneralContractor & Real Estate Broker
17@f I[rvlsle Blvd.
W k 200
'lldn, CA 92780
3 2
issued,theimmigrantwill beeligibleto applyfor
U.S. citizenship, even if the joint petition to
removetheconditionon thetwoyear greencard
has not yet been decided.Filingfor U.S. citizen-
shipwill actuallyspeed up the processby which
CIS decides the conditional residency issue, as
conditional residency will no longer be an issue
if a person has already received U.S. citizenship.
But what happens to an immigrant's eligi-
bility to apply for U.S. citizenship if he or she
does not staywith theirspouseand,instead,files
awaiverpebtionon their own? If an immigrant
is applyimg for a waiver because he or she is
divorced, or for any other reason is not Living
with the spouse anymore, then the immigrant
will be eligiblefor citizenshipafter fiveye& of
lawfulpermanentresidencystatus. If a waiver is
approved based on the "extreme cruelty"
ground, the immigrant will be eligibleto apply
for U.S. citizenship in three years, even if no
longer living with the abusive U.S. citizen
spouse. (W.Yates, Office of the General Counsel,
Policy Memo #89, "Instructions Regarding the
Expanded Meaning of Section 319(a)", HQISD
70f33 (October 15,2002).)
Beforedecidingwhethertostayinabad mar-
riage, an immigrant must address their available
options under both the waiver provisions and the
joint petition provisions of the Irnmigrabon and
NationahtyAct.An immigration lawyermaybe in
thebestpositionto help an immigrantexplorethe
potential advantages and disadvantages ofchoos-
ing a particular route and many consultations
with immigration attorneys throughout the U.S.
areprovidedfreeofcharge.Theimmigrantshould
keep acloseeyeontheexpirationdateof theircon-
ditional green canl and not let it expire before
seekinglegalassistance.Tolearnmore aboutcon-
ditional green cards, visit the U.S. Citizenship &
Immigrabon Services'website atwww.w&.gov.
Heakher L. Poolepractic~aclmively in the
areas of family-bmed immigration and
US.Citizenshiplaw. Located in Pasadena,
Cal@nia, she is a nationally publtkhed
author on family-immigration ksues, a
frequent lectureron mamirage-basedimmi-
gration, and b currently s h n g as the
Southern CaliforniaAmerican immigration
LawyersAssociation Chapter YoungLawyers
Divkion liahon. For mors information,
vasit m.h m a n r i g h f s m .mm.
ORANGE COUNTY LAWYER

Mais conteúdo relacionado

Destaque

Orenda introduction 12 eng
Orenda introduction 12 engOrenda introduction 12 eng
Orenda introduction 12 engKadlaa
 
Diagrama Visio Agosto/2013 - Proceso Brainstorming
Diagrama Visio Agosto/2013 - Proceso BrainstormingDiagrama Visio Agosto/2013 - Proceso Brainstorming
Diagrama Visio Agosto/2013 - Proceso BrainstormingNicolas Lopez Cisneros
 
Ampliació boda
Ampliació bodaAmpliació boda
Ampliació bodaJosase
 
Enquadrament del pla (Sandra Navarro i Judith)
Enquadrament del pla (Sandra Navarro i Judith)Enquadrament del pla (Sandra Navarro i Judith)
Enquadrament del pla (Sandra Navarro i Judith)mertxita
 
Smart Smb Huge Time And Cost Savings With Mashups V1
Smart Smb   Huge Time And Cost Savings With Mashups V1Smart Smb   Huge Time And Cost Savings With Mashups V1
Smart Smb Huge Time And Cost Savings With Mashups V1Marc-Henri Cerar
 
The Monarch Initiative: An integrated genotype-phenotype platform for disease...
The Monarch Initiative: An integrated genotype-phenotype platform for disease...The Monarch Initiative: An integrated genotype-phenotype platform for disease...
The Monarch Initiative: An integrated genotype-phenotype platform for disease...mhaendel
 
Giuseppe Gelcich - Memorie storiche sulle Bocche di Cattaro (1880)
Giuseppe Gelcich - Memorie storiche sulle Bocche di Cattaro (1880)Giuseppe Gelcich - Memorie storiche sulle Bocche di Cattaro (1880)
Giuseppe Gelcich - Memorie storiche sulle Bocche di Cattaro (1880)Movimento Irredentista Italiano
 
HTW Students presentation at NID, Bangalore
HTW Students presentation at NID, BangaloreHTW Students presentation at NID, Bangalore
HTW Students presentation at NID, BangaloreGyaan Adda
 
Metodo de redacción lectura fácil
Metodo de redacción lectura fácilMetodo de redacción lectura fácil
Metodo de redacción lectura fácilEncarna Lago
 
Stress Management - Ciunas Business & Personal Coaching
Stress Management - Ciunas Business & Personal CoachingStress Management - Ciunas Business & Personal Coaching
Stress Management - Ciunas Business & Personal CoachingJohnny Beirne
 
Internet For Doctors: Basics about computer use for Physicians
Internet For Doctors: Basics about computer use for PhysiciansInternet For Doctors: Basics about computer use for Physicians
Internet For Doctors: Basics about computer use for PhysiciansDr Neelesh Bhandari
 

Destaque (20)

Inac nov
Inac novInac nov
Inac nov
 
Oqs especial
Oqs especialOqs especial
Oqs especial
 
Orenda introduction 12 eng
Orenda introduction 12 engOrenda introduction 12 eng
Orenda introduction 12 eng
 
Diagrama Visio Agosto/2013 - Proceso Brainstorming
Diagrama Visio Agosto/2013 - Proceso BrainstormingDiagrama Visio Agosto/2013 - Proceso Brainstorming
Diagrama Visio Agosto/2013 - Proceso Brainstorming
 
BrownBag101707
BrownBag101707BrownBag101707
BrownBag101707
 
Ampliació boda
Ampliació bodaAmpliació boda
Ampliació boda
 
Dossier Stampa Aixam
Dossier Stampa AixamDossier Stampa Aixam
Dossier Stampa Aixam
 
Enquadrament del pla (Sandra Navarro i Judith)
Enquadrament del pla (Sandra Navarro i Judith)Enquadrament del pla (Sandra Navarro i Judith)
Enquadrament del pla (Sandra Navarro i Judith)
 
Lilly & lau baby store.
Lilly & lau baby store.Lilly & lau baby store.
Lilly & lau baby store.
 
Smart Smb Huge Time And Cost Savings With Mashups V1
Smart Smb   Huge Time And Cost Savings With Mashups V1Smart Smb   Huge Time And Cost Savings With Mashups V1
Smart Smb Huge Time And Cost Savings With Mashups V1
 
The Monarch Initiative: An integrated genotype-phenotype platform for disease...
The Monarch Initiative: An integrated genotype-phenotype platform for disease...The Monarch Initiative: An integrated genotype-phenotype platform for disease...
The Monarch Initiative: An integrated genotype-phenotype platform for disease...
 
Giuseppe Gelcich - Memorie storiche sulle Bocche di Cattaro (1880)
Giuseppe Gelcich - Memorie storiche sulle Bocche di Cattaro (1880)Giuseppe Gelcich - Memorie storiche sulle Bocche di Cattaro (1880)
Giuseppe Gelcich - Memorie storiche sulle Bocche di Cattaro (1880)
 
HTW Students presentation at NID, Bangalore
HTW Students presentation at NID, BangaloreHTW Students presentation at NID, Bangalore
HTW Students presentation at NID, Bangalore
 
Metodo de redacción lectura fácil
Metodo de redacción lectura fácilMetodo de redacción lectura fácil
Metodo de redacción lectura fácil
 
excel
excelexcel
excel
 
Stress Management - Ciunas Business & Personal Coaching
Stress Management - Ciunas Business & Personal CoachingStress Management - Ciunas Business & Personal Coaching
Stress Management - Ciunas Business & Personal Coaching
 
XenServer und Storage
XenServer und StorageXenServer und Storage
XenServer und Storage
 
Bērnu valodu prasme un latviešu valodas zudums/zuduma intensitāte jaunajās mī...
Bērnu valodu prasme un latviešu valodas zudums/zuduma intensitāte jaunajās mī...Bērnu valodu prasme un latviešu valodas zudums/zuduma intensitāte jaunajās mī...
Bērnu valodu prasme un latviešu valodas zudums/zuduma intensitāte jaunajās mī...
 
Internet For Doctors: Basics about computer use for Physicians
Internet For Doctors: Basics about computer use for PhysiciansInternet For Doctors: Basics about computer use for Physicians
Internet For Doctors: Basics about computer use for Physicians
 
Facetas de desgaste
Facetas de desgasteFacetas de desgaste
Facetas de desgaste
 

Semelhante a The quickest way to a green card is harder than you think orange county lawyer

Immigration attorney sacramento ca blg immigration
Immigration attorney sacramento ca blg immigrationImmigration attorney sacramento ca blg immigration
Immigration attorney sacramento ca blg immigrationlawyer95814
 
The law office of jeffrey y. bennett, llc
The law office of jeffrey y. bennett, llcThe law office of jeffrey y. bennett, llc
The law office of jeffrey y. bennett, llcscottmcgowan
 
How Can I Immigrate to the United States?
How Can I Immigrate to the United States?How Can I Immigrate to the United States?
How Can I Immigrate to the United States?clubcraft
 
The actual procedure and importance of green card
The actual procedure and importance of green cardThe actual procedure and importance of green card
The actual procedure and importance of green cardUS Immigration Center
 
4 Badia-Tavas:Momeni V Chertoff
4  Badia-Tavas:Momeni V  Chertoff4  Badia-Tavas:Momeni V  Chertoff
4 Badia-Tavas:Momeni V Chertoffmercedesbt
 
4 -badia-tavas--momeni v chertoff
4 -badia-tavas--momeni v  chertoff4 -badia-tavas--momeni v  chertoff
4 -badia-tavas--momeni v chertoffbtlawgroup
 
Problem of the Missing QDRO
Problem of the Missing QDROProblem of the Missing QDRO
Problem of the Missing QDRORita Holder
 
"The International Affair" LA Lawyer Magazine -Feature Article - Immigration ...
"The International Affair" LA Lawyer Magazine -Feature Article - Immigration ..."The International Affair" LA Lawyer Magazine -Feature Article - Immigration ...
"The International Affair" LA Lawyer Magazine -Feature Article - Immigration ...Heather Poole
 
Pros And Cons Of Immigration
Pros And Cons Of ImmigrationPros And Cons Of Immigration
Pros And Cons Of Immigrationludicrousengine49
 
Temporary Protected Status (TPS)
Temporary Protected Status (TPS)Temporary Protected Status (TPS)
Temporary Protected Status (TPS)faldef2009
 
What happens during the renewal process
What happens during the renewal processWhat happens during the renewal process
What happens during the renewal processUS Immigration Center
 
How to e file the green card renewal
How to e file the green card renewalHow to e file the green card renewal
How to e file the green card renewalUS Immigration Center
 

Semelhante a The quickest way to a green card is harder than you think orange county lawyer (20)

U.S. IMMIGRATION LAW NEWS AND UPDATES: Cap-Gap, Family Immigration, Extreme V...
U.S. IMMIGRATION LAW NEWS AND UPDATES: Cap-Gap, Family Immigration, Extreme V...U.S. IMMIGRATION LAW NEWS AND UPDATES: Cap-Gap, Family Immigration, Extreme V...
U.S. IMMIGRATION LAW NEWS AND UPDATES: Cap-Gap, Family Immigration, Extreme V...
 
Immigration attorney sacramento ca blg immigration
Immigration attorney sacramento ca blg immigrationImmigration attorney sacramento ca blg immigration
Immigration attorney sacramento ca blg immigration
 
GETTING THE GREEN CARD THROUGH FAMILY SPONSORSHIP: One Way To Immigrate to th...
GETTING THE GREEN CARD THROUGH FAMILY SPONSORSHIP: One Way To Immigrate to th...GETTING THE GREEN CARD THROUGH FAMILY SPONSORSHIP: One Way To Immigrate to th...
GETTING THE GREEN CARD THROUGH FAMILY SPONSORSHIP: One Way To Immigrate to th...
 
The law office of jeffrey y. bennett, llc
The law office of jeffrey y. bennett, llcThe law office of jeffrey y. bennett, llc
The law office of jeffrey y. bennett, llc
 
How Can I Immigrate to the United States?
How Can I Immigrate to the United States?How Can I Immigrate to the United States?
How Can I Immigrate to the United States?
 
The actual procedure and importance of green card
The actual procedure and importance of green cardThe actual procedure and importance of green card
The actual procedure and importance of green card
 
4 Badia-Tavas:Momeni V Chertoff
4  Badia-Tavas:Momeni V  Chertoff4  Badia-Tavas:Momeni V  Chertoff
4 Badia-Tavas:Momeni V Chertoff
 
4 -badia-tavas--momeni v chertoff
4 -badia-tavas--momeni v  chertoff4 -badia-tavas--momeni v  chertoff
4 -badia-tavas--momeni v chertoff
 
Problem of the Missing QDRO
Problem of the Missing QDROProblem of the Missing QDRO
Problem of the Missing QDRO
 
Green Card Renewal (Form I-90)
Green Card Renewal (Form I-90)Green Card Renewal (Form I-90)
Green Card Renewal (Form I-90)
 
"The International Affair" LA Lawyer Magazine -Feature Article - Immigration ...
"The International Affair" LA Lawyer Magazine -Feature Article - Immigration ..."The International Affair" LA Lawyer Magazine -Feature Article - Immigration ...
"The International Affair" LA Lawyer Magazine -Feature Article - Immigration ...
 
US Visas and Violations
US Visas and ViolationsUS Visas and Violations
US Visas and Violations
 
Pros And Cons Of Immigration
Pros And Cons Of ImmigrationPros And Cons Of Immigration
Pros And Cons Of Immigration
 
Immigration To Canada
Immigration To CanadaImmigration To Canada
Immigration To Canada
 
Temporary Protected Status (TPS)
Temporary Protected Status (TPS)Temporary Protected Status (TPS)
Temporary Protected Status (TPS)
 
What happens during the renewal process
What happens during the renewal processWhat happens during the renewal process
What happens during the renewal process
 
How to e file the green card renewal
How to e file the green card renewalHow to e file the green card renewal
How to e file the green card renewal
 
Fl100
Fl100Fl100
Fl100
 
Immigration A To Z Tips And Terms
Immigration A To Z Tips And TermsImmigration A To Z Tips And Terms
Immigration A To Z Tips And Terms
 
A1
A1A1
A1
 

Último

CapTechU Doctoral Presentation -March 2024 slides.pptx
CapTechU Doctoral Presentation -March 2024 slides.pptxCapTechU Doctoral Presentation -March 2024 slides.pptx
CapTechU Doctoral Presentation -March 2024 slides.pptxCapitolTechU
 
5 charts on South Africa as a source country for international student recrui...
5 charts on South Africa as a source country for international student recrui...5 charts on South Africa as a source country for international student recrui...
5 charts on South Africa as a source country for international student recrui...CaraSkikne1
 
Human-AI Co-Creation of Worked Examples for Programming Classes
Human-AI Co-Creation of Worked Examples for Programming ClassesHuman-AI Co-Creation of Worked Examples for Programming Classes
Human-AI Co-Creation of Worked Examples for Programming ClassesMohammad Hassany
 
AUDIENCE THEORY -- FANDOM -- JENKINS.pptx
AUDIENCE THEORY -- FANDOM -- JENKINS.pptxAUDIENCE THEORY -- FANDOM -- JENKINS.pptx
AUDIENCE THEORY -- FANDOM -- JENKINS.pptxiammrhaywood
 
Diploma in Nursing Admission Test Question Solution 2023.pdf
Diploma in Nursing Admission Test Question Solution 2023.pdfDiploma in Nursing Admission Test Question Solution 2023.pdf
Diploma in Nursing Admission Test Question Solution 2023.pdfMohonDas
 
How to Add a many2many Relational Field in Odoo 17
How to Add a many2many Relational Field in Odoo 17How to Add a many2many Relational Field in Odoo 17
How to Add a many2many Relational Field in Odoo 17Celine George
 
Drug Information Services- DIC and Sources.
Drug Information Services- DIC and Sources.Drug Information Services- DIC and Sources.
Drug Information Services- DIC and Sources.raviapr7
 
3.21.24 The Origins of Black Power.pptx
3.21.24  The Origins of Black Power.pptx3.21.24  The Origins of Black Power.pptx
3.21.24 The Origins of Black Power.pptxmary850239
 
Easter in the USA presentation by Chloe.
Easter in the USA presentation by Chloe.Easter in the USA presentation by Chloe.
Easter in the USA presentation by Chloe.EnglishCEIPdeSigeiro
 
General views of Histopathology and step
General views of Histopathology and stepGeneral views of Histopathology and step
General views of Histopathology and stepobaje godwin sunday
 
HED Office Sohayok Exam Question Solution 2023.pdf
HED Office Sohayok Exam Question Solution 2023.pdfHED Office Sohayok Exam Question Solution 2023.pdf
HED Office Sohayok Exam Question Solution 2023.pdfMohonDas
 
How to Make a Field read-only in Odoo 17
How to Make a Field read-only in Odoo 17How to Make a Field read-only in Odoo 17
How to Make a Field read-only in Odoo 17Celine George
 
Presentation on the Basics of Writing. Writing a Paragraph
Presentation on the Basics of Writing. Writing a ParagraphPresentation on the Basics of Writing. Writing a Paragraph
Presentation on the Basics of Writing. Writing a ParagraphNetziValdelomar1
 
Education and training program in the hospital APR.pptx
Education and training program in the hospital APR.pptxEducation and training program in the hospital APR.pptx
Education and training program in the hospital APR.pptxraviapr7
 
How to Show Error_Warning Messages in Odoo 17
How to Show Error_Warning Messages in Odoo 17How to Show Error_Warning Messages in Odoo 17
How to Show Error_Warning Messages in Odoo 17Celine George
 
Benefits & Challenges of Inclusive Education
Benefits & Challenges of Inclusive EducationBenefits & Challenges of Inclusive Education
Benefits & Challenges of Inclusive EducationMJDuyan
 
PISA-VET launch_El Iza Mohamedou_19 March 2024.pptx
PISA-VET launch_El Iza Mohamedou_19 March 2024.pptxPISA-VET launch_El Iza Mohamedou_19 March 2024.pptx
PISA-VET launch_El Iza Mohamedou_19 March 2024.pptxEduSkills OECD
 
In - Vivo and In - Vitro Correlation.pptx
In - Vivo and In - Vitro Correlation.pptxIn - Vivo and In - Vitro Correlation.pptx
In - Vivo and In - Vitro Correlation.pptxAditiChauhan701637
 

Último (20)

CapTechU Doctoral Presentation -March 2024 slides.pptx
CapTechU Doctoral Presentation -March 2024 slides.pptxCapTechU Doctoral Presentation -March 2024 slides.pptx
CapTechU Doctoral Presentation -March 2024 slides.pptx
 
5 charts on South Africa as a source country for international student recrui...
5 charts on South Africa as a source country for international student recrui...5 charts on South Africa as a source country for international student recrui...
5 charts on South Africa as a source country for international student recrui...
 
Human-AI Co-Creation of Worked Examples for Programming Classes
Human-AI Co-Creation of Worked Examples for Programming ClassesHuman-AI Co-Creation of Worked Examples for Programming Classes
Human-AI Co-Creation of Worked Examples for Programming Classes
 
AUDIENCE THEORY -- FANDOM -- JENKINS.pptx
AUDIENCE THEORY -- FANDOM -- JENKINS.pptxAUDIENCE THEORY -- FANDOM -- JENKINS.pptx
AUDIENCE THEORY -- FANDOM -- JENKINS.pptx
 
Diploma in Nursing Admission Test Question Solution 2023.pdf
Diploma in Nursing Admission Test Question Solution 2023.pdfDiploma in Nursing Admission Test Question Solution 2023.pdf
Diploma in Nursing Admission Test Question Solution 2023.pdf
 
How to Add a many2many Relational Field in Odoo 17
How to Add a many2many Relational Field in Odoo 17How to Add a many2many Relational Field in Odoo 17
How to Add a many2many Relational Field in Odoo 17
 
Drug Information Services- DIC and Sources.
Drug Information Services- DIC and Sources.Drug Information Services- DIC and Sources.
Drug Information Services- DIC and Sources.
 
Prelims of Kant get Marx 2.0: a general politics quiz
Prelims of Kant get Marx 2.0: a general politics quizPrelims of Kant get Marx 2.0: a general politics quiz
Prelims of Kant get Marx 2.0: a general politics quiz
 
3.21.24 The Origins of Black Power.pptx
3.21.24  The Origins of Black Power.pptx3.21.24  The Origins of Black Power.pptx
3.21.24 The Origins of Black Power.pptx
 
Easter in the USA presentation by Chloe.
Easter in the USA presentation by Chloe.Easter in the USA presentation by Chloe.
Easter in the USA presentation by Chloe.
 
General views of Histopathology and step
General views of Histopathology and stepGeneral views of Histopathology and step
General views of Histopathology and step
 
HED Office Sohayok Exam Question Solution 2023.pdf
HED Office Sohayok Exam Question Solution 2023.pdfHED Office Sohayok Exam Question Solution 2023.pdf
HED Office Sohayok Exam Question Solution 2023.pdf
 
How to Make a Field read-only in Odoo 17
How to Make a Field read-only in Odoo 17How to Make a Field read-only in Odoo 17
How to Make a Field read-only in Odoo 17
 
Personal Resilience in Project Management 2 - TV Edit 1a.pdf
Personal Resilience in Project Management 2 - TV Edit 1a.pdfPersonal Resilience in Project Management 2 - TV Edit 1a.pdf
Personal Resilience in Project Management 2 - TV Edit 1a.pdf
 
Presentation on the Basics of Writing. Writing a Paragraph
Presentation on the Basics of Writing. Writing a ParagraphPresentation on the Basics of Writing. Writing a Paragraph
Presentation on the Basics of Writing. Writing a Paragraph
 
Education and training program in the hospital APR.pptx
Education and training program in the hospital APR.pptxEducation and training program in the hospital APR.pptx
Education and training program in the hospital APR.pptx
 
How to Show Error_Warning Messages in Odoo 17
How to Show Error_Warning Messages in Odoo 17How to Show Error_Warning Messages in Odoo 17
How to Show Error_Warning Messages in Odoo 17
 
Benefits & Challenges of Inclusive Education
Benefits & Challenges of Inclusive EducationBenefits & Challenges of Inclusive Education
Benefits & Challenges of Inclusive Education
 
PISA-VET launch_El Iza Mohamedou_19 March 2024.pptx
PISA-VET launch_El Iza Mohamedou_19 March 2024.pptxPISA-VET launch_El Iza Mohamedou_19 March 2024.pptx
PISA-VET launch_El Iza Mohamedou_19 March 2024.pptx
 
In - Vivo and In - Vitro Correlation.pptx
In - Vivo and In - Vitro Correlation.pptxIn - Vivo and In - Vitro Correlation.pptx
In - Vivo and In - Vitro Correlation.pptx
 

The quickest way to a green card is harder than you think orange county lawyer

  • 1. The QuickestWay I to a GreenCard is Nard,-- ThanYou M arrying a U.S. citizen has tradi- tionally been the quickestroute to U.S. permanent residency (mostcommonly referred to as having a "green card). Even now, despitethe crackdownon sham mar- riagesentered intoin the 1980sandearly 19905, immigration attorneys receive calls to this day from people openly admitting they married to obtain a green card and money exchanged hands as if its common practice and easy to get around.Thepenaltiesformarriagefraud,if aper- son is caught,aresteep,includinga possiblefive- year jail Sentence, a $250,000fine and, perhaps the worst consequencefor an immigrant, a life- time bar to ever receiving a family or marriage- based immigrantvisa thatcouldotherwiselead to a greencard. (8USC 31325(c),Irnrnigrahonand Nationality Act §275(c); 18 USC $9371, 1001, ,1546.) For many, though, the benefits of this 1 arrangementstilloutweigh the risk Workingille- gally as a bar to receiving a green card does not applywhen an immigrantismarried toa U.S.cit- izen spouse sponsoring him or her for a green cad (INA §245(c).) Overstaying a visa and then residingillegallyin theU.S.without lawfulimrni- @on status is forgiven when an immigrant is marriedtoa US,citizenspousesponsoringhim or her for a green card. (INA 9212(a)(6)(A).) In 1986,Congresspassed the Immigration Marriage Fraud Amendments (IMFA),based on thepremisethatthesurestwaytocounteractand detect fraudulentmarriagesentered into for the solebenefit of obtaininga greencardwas topri- marily test the longevity of the relationship. (Immigration Marriage Fraud AmendmentsAct 1,, of 1986 (Pub. L. 99-639, 100 Stat. 3533.) This law, which amended the Immigration and 1 1 Nationality Act, established the "conditional" green card. Now, consuls abroad and U.S. Citizenship and Immigration Services ("CIS"), formerly known as INS inside the U.S., issue "green cards'' for only two years. These condi- 18 ORANGE COUNT1 UdxWYER
  • 2. tional green cards are issued to an immigrant whose marriageto a U.S. citizen is lessthan two years old at the time the green card case is approved. This conditional status is usually granted at the green card interview in front of thespousesorsubsequently,if a decisioncannot be made at the interviewdueto apendingback- groundcheck or other issuewith thefile. This "conditional green card" will expire two years after the initial permanent residency statuswas approved if, in most cases, thecouple cannotprovethat they arestill livingtogether as husband and wife at the end of that two-year period. The immigrant has a 90-day window immediatelyprior to the permanent residency's expirationto filewith theirspouseto removethe conditional basis of residence. If this window is ,missed, permanent residency expires, will be dficidy terminated,and the immigrantspouse will be subjectto deportation. Usually, the immigrant spouse's goal is to keep their green card by timelyfiling to remove 'thecondition and make their residency perma- nent. In rarecases,immigrantspousesjust leave the U.S. after their green cardexpires,abandon- ing their residency.The immigrantwill have to start all overas a temporary, nonimmigrantvisa 1 holder,in mostcircumstances,and apply for re- entry into the U.S. at a later point. This may be more difficult to accomplish, requiring the immigrantspouseto convincea consularofficer andportof entry officerthat, although shewas a formerlawfulpermanentresident and lived in the U.S., she has no current intent to "move back" to theU.S. by tryingto qualifyfor,orenter the U.S.with, a temporaryvisa. A "permanent" green card is valid for ten years,iseasilyrenewable and,once issued, is no longeraffectedby thesplitof thepartiesthrough divorce or death of the petitioning U.S. citizen spouse. Unconditional lawful permanent resi- dencyisnot U.S,citizenshipbut itdoesallowthe immigranttolivein the U.S.fortherestof hisor her lifeunless the card is abandonedby moving outside of the U.S. or the immigrantisdeported for,in most situations,criminalacts. Oops. ForgottoPile! A common problem occurs when the immigrant and/or their spouseforget about the expiration of the green card and lawful perma- nent residencyis terminated. With an expired card, the immigrant will haveno legalproof fortheiremployerthatsheor he still has the legal right to work The immi- grantwill also have no proof that he or shehas a rightto re-enter the U.S. if the immigranttrav- els abroad with an expired green card. This problem trickles down into every facet of the immigrant's life on paper including making it impossible to renew a driver's license, profes- sional license, and to obtain credit. This prob- lem also places the immigrant in a vulnerable positionwith a controllingorabusivespouse.An immigrant without legal status loses leverage and position in custody and alimony negotia- tions in divorce proceedings. The immigrant spouse,who isoftenworried aboutbeing deport- edbecausetheotherspousewill not cooperatein filing the joint petition, is o h n forced to sign "contracts" with their spouse. Commonly, through such contracts, the immigrant spouse, who may not know of the waiver option as an alternativeto the joint petition, will sign over a jointly owned auto and an existing joint house deed to the sole property of the U.S. citiin spouse,to achievetheir spouse's compliance.. The statute allows an immigrant to file to release the condition on their green card by either joint petition orwaiver even if the immi- grant files "late," which is after the 90-day win- Benefitsof the UC lrvine Extension Paralegal Program: W ABA-approved W Opportunity to become part of a legal services delivery team Outstandingreputationfor practice-based education W Expert instructors representinglaw firms, corporations,and public sector agencies W Internships& job postingsavailable Make a Difference. Become a Paralegal.
  • 3. . dow before the two-year conditional residency expires.The joint petition or waiver may be filed evenwhenCIShas alreadyaffirmativelyterminat- ed the immigrant's permanent residency. An immigrantmusthave "goodcause" forfilinglate, however. "Good cause" is a term that is undefined in thestatuteorcaselaw. (8CFR 216.4(a)(6).)In practice, the shorter the time between the expira- tion of the green card and the filingof thewaiver or joint petition, the more likely CIS will excuse the late filing.Documentingthe reasons that led to the late filing (e,g,,familyemergency,medical crisis, a move to a new city, upheaval at work) greatly improvesthe chances tdat CISwill accept the case. The petition must, however, be filed before the Immigration Court assumes jurisdic- tion over the immigrant, which occurswhen the clientisservedwith a "Notice to Appear" ("NTA") before an immigration judge for the comrnence- ment of removal p d n g s (2 e.,deportation). When this will happen remains a gamble for the immigrantwho never knowswhen an NTAwillbe issued;thiseventcan occur assoon as threetosix monthsafterthecard's expiration,andsometimes not at all. Oncethe CISsendsanoticetotheimmigrant that hisorherpetitionhas been received (calleda "receiptnotice"), the immigrant'sunlawfulstatus sincethedatehisor her greencardexpiredwillbe backdated to the date of expiration,returning the immigrant to lawful immigrant status. And this backdating occurs even if the petition was filed late. Further, the receipt notice itself provides the immigrantwithproof that hisorher green cardis still valid for another year or until the case is decided, whichever comes first. If the case is still not hided within a year, the green card will be extendedfor anotheryear andwill continue to be extended annually until the case is decided. Currently,the averageprocessing time for the Lm Angela CIS Field Office,whichoverseesthe Santa Ana sub-office,to issue a decision in a joint peti- tion or waiver case ranges from one to eight months. WhentheMarriageMhApart Even if the couple is experimentingwith a trial separationbutneither has filedfordivorce,it may bepossibletocontinuewith the joint petition if there is hope for reconciliation. In this situa- tion, it is much more likely that the couple will have to interview again with CIS to verii the bow& natureof the relationship,especially if separation happened withii the first six months JULY 2007 after the immigrant's initial green card was approved. The more common occurrence immigration attorneys face, especially given the divorce rate in thisstate,is that the couple has no intent to reconcile and usually one of thespouseshas alreadyfiledfor divorce. Marriages that are on the rocks as the two-yearexpirationdateapproachescan great- ly interferewith the immigrant's desire to keep their permanent residency. Even ifa marriage was initiallyenteredintofor "love," but isnow leading to divorce due to domestic violence, adultery, or other "irreconcilable differences" near the t i e the immigrant's green card is aboutto expire, a joint petition may not be fea- sibleby the time the greencardexpires.In most cases, requiring the cooperation of the petition- ing U.S. citizen to sign and file to have the con- ditionremovedcreatesapower-strugglebetween a feudingcouple and,worse, gives a potentially or alreadyabusiveU.S.citizenspouseevenmore power and leverageover the immigrant. There are limited exceptions available to an immigrantspousewhen his or her U.S. citi- zen spousewill not cooperate in filing to have the conditionremoved from the greencard. If a
  • 4. coupleseparatesordivorcesat anytime afterthe green card is first issued, it is unlikely that the originally sponsoring U.S. citizen, or "lawful permanent resident," spouse will cooperate in helping the immigrantspousefor a number of reasons. If this happens, it may be possible for the immigrantspouseto applyto have the con- dition removedfrom his or her own green card by applying for a "waiver." The waiver allows theimmigrantto applyto removethecondition on his or her green card without the assistance, and sometimeseven without the knowledge, of their U.S. citizen spouse. The other benefit, applicable to each of the three grounds for a waiver, isthat thewaivermay be filedbeforethe 90day expiration of the immigrant's green card and, in some circumstances, even after p n m m ~ e n C y n a s t e r r n i n i f o r ~ F to filebeforeexpiration. (Matterof Stowers,22 I & N Dec. 605 (BIA 1999)(noting that, althoughthe statute only specificallymentions that the extreme cruelty waiver may be filed beforeor afterthe90-daywindow,itislogicalto concludethat Congressintendedto allowany of the waivers to be filed at any time, assuming joint filingis not possible or feasible).) There are three different grounds to apply for a waiver: (1) goodfaith madgee; (2) atreme bar&@; (3) atreme mlty. 2% GoodPaitb M a d g e Waiver The good faith marriage waiver requires that the immigrant's marriage is over, i.e., that a finaldivorcedecreehas been issuedprior to fil- ing the case. (W. Yates, Acting Assoc. Dir. Operations, "Filing a Waiver of theJoint Filing Requirement Prior to the Final Termination of the Marriage," INS Mem. HQADN70123.12 (Apr. 10,2003).)The immigrant must alsoprove that the marriagewas enteredinto in goodfaith and was terminated through no fault of the immi- grant. (INA §216(c) (4) (B).) ThisTaiE ~GitesGGngissIlefF6 immigrant trylng to prove thebona&!e nature of the relationship, especially in states such as Californiawith minimum waitingperiods of six months before a final divorce decree may be issued. If the immigrant does not want to gam- blewith thepossibilityof facingdeportationand falling out of status until his or her divorce becomes final, the immigrant will file the divorce early to ensure that the final decree is Employment D ~ s ~ u K ~ Mediation Center Flat Fee/Fd day mediation Evaluation of strengths,w&nesses and casevalue txased upon extensivetrial =den=. No additional charge regardless of time expended or locale. -cAfIxq+mmmmm:d-i h%%Ziient, coiltract,hour & wage, dam &s, 17200,12340,etc. . Our new office in historic SanJmn Capistrvlo (adjacentto rail transportation) or your facility * Callto book a semion or to receive crur brochurewith rates and c/x Ask to be added to ow d i n nand- e-mail list. ROBERTD. COVIELLO ( ) (949)429-7500 - 2 coviello@coviello-law.com - For your em~loyment~dispu issued prior to the permanent residency's two yearexpiration.Theproblem this creates is that it necessarily shortens the amount of time that the couple remains married or even living together on paper after the green card's initial issuance, thereby creating the appearance of a shammarriagebecauseof itsshortduration.To counteract the effect of the limited duration of the marriage,the immigrantwill likely have to prove - through numerous joint accounts that remained active and used by both spousesdur- ingtheperiodfollowingtheinitial grantof law- ful permanent residency to the date of separa- tion-thatthemarriagewasindeed realandnot enteredintoforthe solebenefitof a green card.. Although the seminal authority in marriage- based cases MatCerof McKee, indicatestWhe1 - standard of review in any marriage case is whether themarriagewasvalidatits imption, CIS, in practice,chooses to focus solely on evi- dence showing a good faith marriage durilag the conditional two-year period. (Matter of McKee, 17 I & N Dec. 332 (BIA 1990)(holding that thefocusshouldnot be onwhether there is a presently subsisting "viable" marriage, but ratherwhetherthe marriagewasenteredintofor the primary purpose of circumventing the immigrationlawsin the firstplace).) TheExtreme Ctrrelty Waiver The extreme cruelty waiver, added when IMFA was amended by the Immigration Act of 1990,also requires that the immigrant demon- strate that slhe entered the marriage in good faith but was battered or otherwise subjected to extremecrueltyby their spouseduringthe mar- riage. (Pub. L. No. 101-649, 104 Stat. 4978 (IMMACT90), now reflected in INA +zrg(Mw.mmettv-the regulationsmay include: . . . being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexu- al abuse or exploitation, including rape, molestation,incest (ifthevictim is a minor) or forced prostitution shall be considered acts of violence. (8 CFR §216.5(e) (3)(i).) Although not mentionedspecificallyin the statute or regulations, extreme cruelty also includesfinancialabuse,.If one incidentof vio- lence is severe enough, therewill be no need to O R A N G E C O U N T Y LAWYER
  • 5. establisha pattern of abuse. In most cases, how- ever, there is not one moment of abuse that stands out in the relationship. Consequently, CIS has adopted a "totality of the circum- stances" approach to reviewing these cases. Even periodsof contrition by the abusivespouse may count towards establishing abuse if the abused immigrant is being influencedpsycho- logicallyand is unavoidablycaught in the cycle of violence. (Hernanakzv.AshcroJ, 245 E3d 834 (gth Cir. 2003)(overturning the Board of ImmigrationAppeals decision in a suspension of deportation case and holding that extreme mental cruelty existed during the contrition period of the abusecycle).) The extreme cruelty waiver applies both to women and men. The immigrant may offer "any credibleevidence" toprove theircase. (INA 216(c)(4); see ah0 Aleinikoff, Exec. Assoc. Comm'r, Office of Programs, "Implementation of Crime Bill Self-petitioning for Abused or Battered Spousesor Children of U.S. Citizens or Lawful Permanent Residents", INS Mem. HQ 204-P (Apr. 16,1996).) Such evidence may include affidavitsof witnesses,both indirect and direct,police and medicalrecords,psychological evaluations, shelter letters, and restraining orders. Section 40702 of the Violence Against Women ~ c tof 1994 amends section 216 of the Immigration & Nationality Act to prohibit CIS fromrequiringanyspecificformof evidence,such as the recommendation of a mental health pro- fessional, to support a conditional green card waiver based on abuse or extreme cruelty. And, although the immigrant still has to demonstrate that she entered into the marriage in good faith by providing copies of joint documents and evi- dence of a shared life together, the "any credible evidence" standard affords the immigrant the opportunity to explain why certain joint docu- ments are inaccessible or why many joint accounts never existed in the first place given the controllingnature of the relationship. These are usually very emotional cases. Often'theimmigrant hasneversoughtcounseling before and will rely on the attorney to help them come to terms with, and start recognizing,abuse. The attorney is possibly in the best position to encouragethe immigrant to seek counseling and physical safety, two priorities the immigrant may have dismissedfor fear of leaving an abusivesitu- ation due to potential loss of their green card. Despite the emotional nature of these cases and the time involved, there are distinct advantagesto I LAST MINUTE TRIAL SPECIALIST I r i LAWOFFICEOF STEVEYOUNG 949.788.3999 ALL TRIAL WORK i ALL AREAS OF LAW More than 125jury trials Multiple multi-million dollar verdicts ...................e-mail address: bestlawyer@aol.com web address: www.juryattomey.com filingunder thiswaiverground.Forone,a final divorce decree is not required. The immigrant does not even have to be separated from their spouse. Second, the petition process is com- pletelyconfidential. If filed on this ground,CIS is forbiddento disclosetheexistenceof thiscase to anyone outside of the agency, including the immigrant's spouse. 8 CFR 216.5(e)(3)(viii) providesforconfidentialityof conditional green card waivers based on the extreme cruelty ground. CIS may not release any information about the filingwithout the written consent of the immigrant or by court order unless it is being released to the immigrant or the DepartmentofJustice or other lawenforcement officials.Because the batterer or abusivespouse will not learn, from any CIS source, about the existence of the case, the immigrant spouse does not have to worry about a controllingand unpredictable spouse sabotaging the waiver interview if one is scheduled. This waiver affords the immigrant the opportunity to take back control over their own immigration case, free from the whims, anger, and retaliation of their spouse. TZwExtreme Hardskip Waiver The extreme hardship waiver is the only one that does not require the immigrant to prove that she entered into a good faith mar- riage. (IN& Pub. L. No. 82-414, 66 Stat. 163 (codified asamendedat7 USC $$1101etseq.), $216(c)(4)(A);but see Velasquezv. LNS,876 F.Supp 1071 (D. Minn. 1995) (upholding an INS interpretation of $216 that an alien who engagesin a sham marriageis ineligiblefor an extreme hardship waiver notwithstanding the alien'scurrent b mfiakmarriage).)While, at first glance, it may seem this type of waiver is the easiest to obtain - especially if the immi- grant has little documentation to support the existence of a born $& marriage - the extremehardshipwaiveris generally thought to be the most difficulttypeto get approved. The immigrant must demonstrate that slhe would suffer extreme hardship if deported to their homecountry. The hardshipmust arise from developments in the immigrant's life or country's political or economicconditions that arose during the conditionalperiod only. (INA $214(c)(4)(A).) If the immigrant is a woman rocketscientistfrom Iran,a countrywhich does not have aspaceprogram but does have a doc- Continuedonpage 30 O R A N G E COUNTY LAWYER
  • 6. EXPERT WITNESS and LAWYERS ADVOCATE STATE BAR DEFENSE PHILLIPFELDMAN B.S., M.B.A., J.D., AS? Fellow American Board of ProfessionalLiability Attorneys CertifiedSpecialist Legal & Medical Malpractice (Californiafe AmericanBar Associations) Former Judge Pro Tern Former State Bar Prosecutor Fee Arbitrator30 years Litigator/Expert38 years Malp1Ethic.sAuthor www.legalmalpracticeexperts.com E d : legmalpexpe&walcom StateBarDefense@wLcom (310) LEG-MALP (534-6257) I ALSO FEE DISPUTES, PREVENTATIVELAW & RISK MANAGEMENTCONSULTATIONS umentededucationaland culturalbias against women,perhaps this is an easier case to prove. Butwhen the immigrantcomesfrom acountry generallyperceivedtobe politicallyinsyncwith the U.S., such as theUnited Kingdom,Canada, Mexico, or the Philippines,it becomes a much more difficult case to prove. The definition of what constitutesextreme hardship is left unde- finedin thestatuteandisconstantlyevolvingin the realm of case law which varies depending on the applicable circuit. Some of the factors appliedby CISinclude: Theeconomicandpoliticalconditionsof the 1 immigrant's home country; The immigrant'soccupationandworkskills; His or her immigrationhistory; Theimmigrant'sposition in the community; Whether the immigrant is of special assis- tance to the U.S. or their community; The ageof the immigrant; Theageandnumberof theimmigrant'schil- dren and their ability to speak the native lan- guage andadjustto life in anothercountry; ConfidenceAtTheCourthouse. I Business litigation is increasinglycomplex. That why we believe valuation issuesmust be addressedwith the same meticulouscare as legal issues. Analysis must be clear. Opinionsmust be HIGGINSdefensible. Expert testimony must be thorough and W C U Sarticulate.HML has extensive trial experienceand can provide legalcounsel with a powerfulresourceforexpert testimony and litigationsupport. GLLOVETT BUSINESS VALUATION Theimmigrant's inabilityto obtain adequate employment in theforeign country; How long the immigrant has lived in the ForMoreInformationCall213-617-7775 U.S.; Or visit us on the web at www.hmlinc.com BUSINESSVALUATION LOSSOF GOODWILL ECONOMIC DAMAGES LOST PROFITS The irreparable harm to the immigrant that may ariseasa resultof disruptionof educational opportunities;and The adverse psychological impact of deporta- tion on the immigrant. (SeeMatter ofm&Ldn, 23 I&N Dec.45 (BIA 2001); Matter of Pi.kb, 21 I&N Dec. 627 (BIA 1996); Matter of Amkrson, 16 I&N Dec. 596 (BIA 1978).) Proving extreme hardship can be tricky, comparableto a mini-political asylum case rely- ing on documents like Human Rights Watch press releases that track the current climate of political and economicunrest in a client's home country. As with asylum cases, the case for extreme hardship can fall apart if the home country's conditions improve. Evidence to sup- port a case for extreme hardship may include a report from a licensed psychologist or Marital and Family Therapist documenting the immi- grant's currentmentalstateandtheprognosisfor deterioration and potential long term physical and mental effects that could be triggered by deportation.Immigrantsmay also producemed- ical reports, doctors' letters, and affidavitsfrom friends,co-workers and even family members to describethehardshipthe immigrantwill su£ferif separatedfrom these relationships. Why would an immigrant opt for an extremehardship waiver, givin the kculty of proof? Takethecaseof an immigrantwho issep- arated from his or her spouse and is quickly approaching the two-year conditional residency expiration but does not yet have a final divorce decree. Filing the extreme hardship waiver allowstheimmigrantto buytime,z.e., to remain in lawfulstatusuntilthedivorceisfinaland then re-fileunderthe goodfaith marriagegroundif it will be a stronger case. The case for extreme hardship must be legitimate and documentedor else filing for this waiver will create credibility issues, impairing the immigrant's chances of receivinganywaiverapproval. Lastly,thiswaiv- erhasno statutoryrelation tothemarriageitself, so an immigrantwho is not on good termswith his spouse will not have to worry about the spouse's cooperationor input. All Ho e Lost?Understandingthe PAppea sProcess-. The statute is silent on whether an immi- grantcanapplyformorethanonewaiver ground simultaneously, but immigrants are urged to apply for as many grounds as are applicableand , I I 30 ORANGE COUNTY LAWYER
  • 7. arguable.Adeniedwaiveror joint petition cannot be technically appealed to CIS, althoughcounsel may fileamotion to reconsiderwithin 3days of the decision based on evidenceunavailableat the time of the case submission. (8 CFR 103.5(a)(I)(i).)A motion to mpen may be pos- siblewithin that 30-day periodaswell if counsel canprove thatCISappliedanincorrectlegalstan- dard or relied on inapplicableor overturned c w law. (Id.) Appeal of the CIS decision must await issuanceof aNotice toAppear More an immigra- tion judge beforewhom themeritsof thecasemay be re-argued Becauseanimmigrationjudgem q only review the particular ground or grounds appliedfor, it is in the best interestof the immi- grant to apply for as many f e d l e and support- ablegroundsto preserve thepossibilityforappeal. Cihnship t~wequeucs- Waivervs.JoiatPietition In deciding whether to file a joint petition with their spouse,or going it aloneby filingfor a waiver, what are the consequencesfor citizenship eligibility?If the immigrantwho decidesto file a joint petition received their green card through marriageandis stilllivingwith their huband or wife three years after the green card is initially 11 FAX (714) 505-6199 II ARE YOU PAYING TOO MUCH FOR INSURANCE? BlueMulledInaranwsmoffers a wide variety of plansfor law professionals. Individualmedicalinsuranceavailable featuring BlueCrossof Californiaand BlueShieldof California. +O( erk' Perronallzed qoote examples: SingleAttorney Age 40 Highdeductibleplan ($4,000 deductible, 10096coverage thereafter in network) $128 per month BlueShield (also qualifiesfor tax deductibleHealth SavingsAccount) MarriedAttorney Age 34 =Spouseandthree children ($2500 deductible-2 max. per family $35 co paydoctorsvisits) $468 per monthBlueCrossof California Eachplanis individuallyunderwritten. For your personalized quote call 714-884-1005 extPZO4 or vlsit us onlineat www.bl~eardlcallns~rance.com. Hediditagain! 1TheLaw F h ofK e v & ~lzeldodofferstJzeir California'spremiere personal trial W e rwho continueshis impressivestring ofjury trial Recent victoriesinclude: HILL V. BUDGET RENT-A OC CaseNo. 04CC07264 Auto Accident 'Wnal Offer": $85,000 Jury Verdict: $2,800,000 SCOTTOv.RAYC.AMMACK SHOWS,JNC. OrangeCountyCaseNo.05CC08111 FenceFell at0.C Fair "Fii Offer": $r10,000 Jury Verdict: $972,159 DELOSSkWX v.ALBERTSON'S INC. orangeCounty CaseNo.05CC02101 S u w t sql&Fall "FiiaIO W : $10,000 JutyVerdict: %@,W I ! I ! 1 I ! dFouptsin Valley, LA92708, mail: ~osell@KerrLarFirrn~e~m JULY 2007
  • 8. James W.Lancaster, Jr. Certified Public AccountantlAccredited in Business Valuation CertzpedPublic Accountant Certified ValuationAnalyst Certijed Fraud Examiner Master of BusinessAdministration Member AICPA, CalCPA,ACFE, IACVA & NACVA Valuation,Fraud & Litigation Services Economk LossAnalysis Business Val-n LitigQtionSapport Expert Testimony Fraud Investigation 714-961-0844 714-501-0576(Cell) 714-579-1766 (Fax) W. HACKBARTH,JR. ----:d GeneralContractor & Real Estate Broker 17@f I[rvlsle Blvd. W k 200 'lldn, CA 92780 3 2 issued,theimmigrantwill beeligibleto applyfor U.S. citizenship, even if the joint petition to removetheconditionon thetwoyear greencard has not yet been decided.Filingfor U.S. citizen- shipwill actuallyspeed up the processby which CIS decides the conditional residency issue, as conditional residency will no longer be an issue if a person has already received U.S. citizenship. But what happens to an immigrant's eligi- bility to apply for U.S. citizenship if he or she does not staywith theirspouseand,instead,files awaiverpebtionon their own? If an immigrant is applyimg for a waiver because he or she is divorced, or for any other reason is not Living with the spouse anymore, then the immigrant will be eligiblefor citizenshipafter fiveye& of lawfulpermanentresidencystatus. If a waiver is approved based on the "extreme cruelty" ground, the immigrant will be eligibleto apply for U.S. citizenship in three years, even if no longer living with the abusive U.S. citizen spouse. (W.Yates, Office of the General Counsel, Policy Memo #89, "Instructions Regarding the Expanded Meaning of Section 319(a)", HQISD 70f33 (October 15,2002).) Beforedecidingwhethertostayinabad mar- riage, an immigrant must address their available options under both the waiver provisions and the joint petition provisions of the Irnmigrabon and NationahtyAct.An immigration lawyermaybe in thebestpositionto help an immigrantexplorethe potential advantages and disadvantages ofchoos- ing a particular route and many consultations with immigration attorneys throughout the U.S. areprovidedfreeofcharge.Theimmigrantshould keep acloseeyeontheexpirationdateof theircon- ditional green canl and not let it expire before seekinglegalassistance.Tolearnmore aboutcon- ditional green cards, visit the U.S. Citizenship & Immigrabon Services'website atwww.w&.gov. Heakher L. Poolepractic~aclmively in the areas of family-bmed immigration and US.Citizenshiplaw. Located in Pasadena, Cal@nia, she is a nationally publtkhed author on family-immigration ksues, a frequent lectureron mamirage-basedimmi- gration, and b currently s h n g as the Southern CaliforniaAmerican immigration LawyersAssociation Chapter YoungLawyers Divkion liahon. For mors information, vasit m.h m a n r i g h f s m .mm. ORANGE COUNTY LAWYER