my friend has conditional permanent residency. Now he got annulment of marriage. what is his status now? can he apply for AOS to get permanent greencard now? what is the procedure to challenge the court decision of annulment (reappeal) ?
2007-01-01 08:53:41 · 6 answers · asked by dolphin 1 in Politics & Government ➔ Immigration
"If your marriage was terminated other than by the death of your spouse, you must submit the following:
- USCIS Form I-751 (Petition to Remove the Conditions on Residence)
- Copy of USCIS Form I-551 (Permanent Resident Card)
- Evidence that you entered in the marriage in good faith, and not to evade the immigration laws of the United States.
- Examples of such evidence includes, but is not limited to:
- Leases showing that you and your spouse lived in the same place
- Documents that prove that you and your spouse owned property together
- Birth certificates of your children
- Copy of your divorce or annulment decree
- Evidence that you were not at fault in failing to file the petition on time, if applicable.
How Can I Get a Waiver of the Requirement to File a Joint Petition?
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement by filing a Form I-751 (Petition to Remove the Conditions on Residence). You may request that the Service consider more than one basis for a waiver at the same time. If the waiver is approved the conditions on your conditional residence will be removed.
You may request a waiver of the joint petitioning requirements if:
Your deportation or removal would result in extreme hardship
You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of lawful permanent resident spouse, and you were not at fault in failing to file a joint petition.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers."
2007-01-01 11:25:02 · answer #1 · answered by Alie 4 · 0⤊ 1⤋
His conditional permanent residency was based on his marriage. If he is not married to the US Citizen, he is not eligible under that petition for permanent status.
That is a major problem with arranged or purchased marriages, the US Citizen can withdraw the petition at anytime.
Usually, more $$$ will resolve the problem!
Appeals are based on state laws. If the judge realizes that the objection to annulment is due to immigration status, watch out!
2007-01-01 09:16:51 · answer #2 · answered by Anonymous · 0⤊ 1⤋
If he has the conditional greencard he can file for the removal of conditions by hisself but he has to prove that the marriage was entered in good faith.
2007-01-01 11:31:14 · answer #3 · answered by Paola L 3 · 0⤊ 0⤋
Here are a few websites you can go to and see if they can give you the information you are seeking:
http://www.foreignborn.com/visas_imm/immigrant_visas/marriage/5removing_cond.htm
http://www.us-immigration.com/links/links14.html
http://www.shusterman.com/marriage.html
http://www.hooyou.com/index.html
2007-01-01 09:55:09 · answer #4 · answered by S E 2 · 0⤊ 0⤋
sounds like your friend only got married to be a citizen. tell him to go home. report him.
2007-01-01 09:00:36 · answer #5 · answered by loretta 4 · 1⤊ 1⤋
if he was married over two years i think he's ok
2007-01-01 08:54:56 · answer #6 · answered by curious_One 5 · 1⤊ 1⤋