Legal Question in Immigration Law in California

If an immigrant that is married divorces the person whom filed for citizenship for the immigrant would it be possible for that immigrant be able to refile papers for citizenship through a new wife if they have been deported before... I understand that the government is the only one that can grant citizenship but my question is will it be possible to start the process through the new wife???


Asked on 9/11/09, 4:52 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

You are not applying for citizenship, but for permanent residency (Green Card), as I understand.

Yes, sometimes it could be possible. However, I don't understand your situation and current status in USA based on your post. You should definitely contact any licensed immigration attorney for a paid consultation (not a "notario").

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Answered on 9/11/09, 8:08 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Hello:

I just wanted to clarify that a person cannot file for citizenship for another person. A green card holder may apply for citizenship for himself/herself after 3 or 5 years, depending on how they received their green card. However, a person can apply for an immigrant petition for another person, which leads to a green card or conditional/permanent residency for the person being sponsored. I think that you meant a green card, but correct me if I'm wrong.

If a person has been deported previously, a spouse can apply for another petition for them. Whether the person gets a green card depends on how long they were out of the U.S. and the reasons for deportation. If a person was deported because of crimes, then depending on the crime, a waiver application may be submitted in order to "ask the government" to excuse their crimes and/or deportation. The approval of such waivers depend on many factors and are ultimately up to the officer reviewing the case. I would have to know more facts about your case in order to determine if waivers are needed.

To discuss your options further, kindly call me at my office located in Orange County in the city of Orange: 714 288 0610 or email me at [email protected]. Our offices offers a FREE initial consultation and payment plans. I look forward to speaking with you.

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.

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Answered on 9/12/09, 1:46 am


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