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Immigration Issues/I 751 pending/separation


I am married to an US citizen since 2000. I have an I 751 (removal of conditional residential status) pending in NYC since april 2003. i recently separated from my husband.
i am now wondering, once i am invited to an interview at the INS, how to present the case. i understand that the law is that if we were married in good faith, that after two years, legally i have the right to stay. but practically i might i can run into difficulties? i was also told   by an immi. lawyer that it would be better, more credible to appear for an interview as a divorced couple, rather than as an only separated couple.
what could be the consequences to either just go to the interview and pretend everything is fine, or to go, separated, and to be honest,, or to go as a divorced couple.
in any of these cases do i run the risk of immediate deportation?

thank you.

If he will appear with you, and you can both say that there are problems but you are trying to work things out, you can go forward but USCIS may not believe that the marriage is bona fide.  Probably the best way to handle this, assuming that there really is no realistic chance of reconcilliation, would be to get divorced, withdraw the joint 751, and file another I-751 based on a good faith marriage that ended in divorce.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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