Immigration Issues/Denial Paper
My I-751 got denied in December of 2005, because I have filed it joint
with my husband. By the time of my interview, my husband and I we were
already seperating, so he didn't show up to my interview with the INS.
The immigration officer informed me that, there will be a denial paper
send out to me and as soon as I receive it, I should file the I-751 as
a singe with my divorce papers. I have been waiting for those denial
papers since and never received anything. I've been calling the INS 800 #
and asking if they could send me the paperwork, but never received
anything. I even went to the INS and talked to an Immigration Officer, but
I am still waiting for those papers. My green card expired on May,
23rd. I am a worried about my job and other things. Is there anything I can
do? Extend my green card?
Thanks a lot for you help
A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.
You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.
Where Can I Find the Law?
The Immigration and Nationality Act governs immigration in the United States. For the part of the law concerning conditional resident status based on marriage, please see INA § 216. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the Code of Federal Regulations [CFR] at 8 CFR § 216.
Who is Eligible?
You may apply to remove your conditions on permanent residence if:
You are still married to the same U.S. citizen or lawful permanent resident after two years (your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days).
You are a child and cannot be included in the application of your parents for a valid reason.
You are a widow or widower of a marriage that was entered into in good faith.
You entered into a marriage in good faith, but the marriage was ended through divorce or annulment.
You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse.
The termination of your conditional resident status would cause extreme hardship to you.