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By Marc Topoleski, partner in SSHD’s Michigan office. Marc can be reached at mtopoeski@visalaw.com If someone is granted conditional permanent resident status based on the fact that they were married for less than two years when they applied, can the person still get their green card if they divorce within the two years after filing the application?
A person granted conditional permanent residency may still be able to obtain their green card even if they get a divorce only if they are able to obtain a waiver of the requirement to file a joint petition to remove conditional basis. The grounds upon which a person can seek a waiver are hardship grounds, good faith grounds and battered spouse/child grounds.
I am preparing my application for the DV-2003 Green Card Lottery. Do I need to include information about my deceased spouse?
No. You only need to include information about your spouse if you are still married, whether you live together or are separated. If your spouse is deceased or you are formally divorced, you do not need to include their information.
An American Citizen filed a petition (Form I-130) some time between January and April this year for her 28 years old single daughter, an illegal resident in the USA that entered years ago with a tourist visa that she over stayed. When the Petition will be approved? Also, when approved, will she be covered by Section 245(i)?
First preference immigrant petitions (unmarried children of U.S. citizens over age 21) can take a couple years or more to be approved depending on where they are filed. You can check the individual service center processing times for more information. As long as the I-130 was filed prior to April 30, 2001, she will be covered by Section 245(i) and thus will be able to adjust status when her I-130 is approved despite her overstay.
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