Re: 751 Disaster

Dear Inquirer:

Your friend can try and file the I-751 late with an excuse for the delay. If the wife is still uncooperative, he may wish to explore his options for filing by himself under one of the waiver provisions, such as the "good faith marriage" waiver.

I recommend that you email visas@hanlonlawgroup.com or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: 751 Disaster

Good Afternoon:

I am sorry to hear that your friend is going through this.

How did he tell immigration his marraige was a fraud? Was it in writing? Even if he told them, clearly the marriage is legitmate, since a daughter resulted from the couple's relationship.

There may be a chance for him to file to remove his conditions on his own, even if his green card is expired. He can do this 1 of 2 ways: either through getting a divorce and filing a self-petition, or through filing a self-petition based on abuse by his spouse. Now, it can be difficult to prove that abuse exists, especially since women are stereotyped as weaker than men, but it is not impossible. Of course, these two options should not be taken lightly. But if he has tried all he can to get her to help him, and she won't cooperate, then these two options may be a way to get his permanent green card.

To discuss his specific case further, kindly email me at eloreto@loretomedinalaw.com, or refer to our phone number on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: 751 Disaster

There are many options for your friend. Tell him to contact me directly.

Thanks,

Amy Ghosh

Re: 751 Disaster

No, he should file the I-751 and move to get divorced as quickly as possible. He would be approved based on a waiver of the joint filing requirement. A child of the marriage negates any suggestion that the marriage is phony, so he doesn't have to worry about leaving.

He should have counsel though because this kind of case can get messed up if not represented by good counsel.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at alice@yardum-hunter.com. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: alice@yardum-hunter.com WEB: http://www.yardum-hunter.com

A “Super Lawyer” 2004 – 2009, Los Angeles Magazine