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The Statue of Liberty stands tall in New York Bay, a beacon to immigrants worldwide.
From the dozens of letters I get each week, I know how hungry Daily News readers are for information about our immigration laws. I can answer only a few of your questions each week. However, beginning April 23, thousands of you can get your questions answered at the 10th annual CUNY/Daily News Citizenship NOW! Call-in. Trai ned community advocates, supervised by attorneys and government accredited paralegals, will provide information on all aspects of U.S. citizenship and immigration law. The call-in runs from April 23-27, 9:00 a.m. to 7:00 p.m. You can get the call-in numbers in Mondays Daily News.
Today I answer more common questions on marriage immigration cases. Friday, Ill provide information that will help you prepare for the call-in.
Q. My U.S. citizen husband petitioned for me. The U.S. Citizenship and Immigration Services approved my permanent residence application, but when my green card came, it was valid for only two years. Why?
A. USCIS granted you only conditional permanent residence because it approved your immigrant visa application within two years of your marriage. You have all the rights and benefits of other permanent residents, including counting your time as a conditional resident in qualifying to naturalize.
You can apply to remove the cond ition in the 90 days before your two-year conditional permanent resident card expires. Youll need either your husbands signature, or you can self-petition if you can prove one of the following: a) you entered the marriage in good faith and the marriage was terminated by divorce or annulment, b) you are the victim of spousal abuse or your child has suffered abuse from your husband or, c) that leaving the United States would result in your suffering extreme hardship.
Where the self-petition is based on a good faith marriage only, the U.S. Citizenship and Immigration Services will want to see a divorce or annulment decree before approving the petition. If the divorce or annulment is not final when the time comes to file form I-751, Petition to Remove the Conditions of Residence, the self-petitioner should nevertheless file the form. The USCIS will give you 87 days for a judge to issue an order terminating the marriage. If you cant get the judgement in time, the USCIS wi ll refer your case to an immigration judge. The judge should give you more time to get a divorce or annulment decree.
Q. My husband petitioned for me for my green card, but we are having marital problems and he moved out. Can I still get my green card based on his petition?
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