Legal Question in Immigration Law in Ohio

Hello my question is my fiance's ex wife is from mexico and had a green card and it expired some time ago. They told her that she had so long to become a citizen but after ten years if it expired that she would not be able to renew her green card. She was supposed to become a citizen but never has. Her daughters are and her ex husband are all from the United States and are citizens. He went through a divorce she is not following it, he wants to take her back for contempt of court and change of custody ( he want to get custody of the little one she does not want to live with her mom.) He older daughter was in a car wreck and had her licenses suspended for 180 days. Will that affect the mother if we go take her to court? And my biggest question is would she be deported back to Mexico if we file those papers.? That is one reason we have not filed the papers against her, because we are not sure. It is not so much for her because they do not get along at all, but more for the kids. I think she had a residency green card I am not sure. But she supposedly got a new green card for ten years again, could she get another one for ten years after re applying for one?

Asked on 11/18/12, 9:36 pm

1 Answer from Attorneys

Michael Brandabur Brandabur Law, LLC

The short answer is there are no problems.

Her Permanent Residency does not expire after 10 years, only the Green Card. The card needs to be renewed so they can update biometrics requirements. She is eligible to file for citizenship after 5 years of residency (sometimes sooner based upon certain facts). There is no requirement for her to become a citizen, and no one at this point would be liable for obligations so far as from an immigration perspective. Any affidavits of support filed for her would have expired at the 10 year point.

She should file to obtain a new green card. If this is something she would like assistance with, or if she would like to pursue citizenship, please have her contact me.

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Answered on 11/19/12, 1:24 pm

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