Legal Question in Immigration Law in Washington

My name is John and I am a foreign national who currently resides in Seattle. I married a US citizen in 1998 and filed a Petition to become a permanent resident but had a disagreement with my wife and did not show up for my initial interview, leaving the case abandoned. I currently have a girlfriend whom is a US citizen and our relationship is going on 3 years and we have a 1 year old daughter. I also have 2 other children here in Seattle from a previous relationship. I am in the processes of filing for divorce from my ex wife who resides in Maryland and I would like to marry my girlfriend and proceed to file a petition to become a permanent resident. Can I accomplish this without leaving the country? I have 3 children that are very attached to their dad. What is the impact of the abandoned case? Thank you.


Asked on 9/16/10, 2:17 pm

3 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Dear John:

The short answer to your question is "yes." You can remain here while we adjust your status. The abandoned case is going to need to be explained during the processing of your second petition.

My office is located in downtown Seattle. If you would like, I suggest you give me a call to have an initial consultation by phone or an in office consultation. In the event you hire me, my consultation fee will be credited toward your future costs. After the consultation, you can make an informed decision about how to proceed and what costs are involved, since these have changed a lot since you first applied in 1998. Just click on my name to link to my contact information.

Very Truly Yours,

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Answered on 9/21/10, 2:41 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

After your divorce, your new spouse can file all sponsorship paperwork concurrently such as petition for alien relative, your adjustment of status and employment authorization document applications, etc.

Incidentally, immigration law is federal law and is the same throughout the U.S. You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 9/21/10, 5:30 pm
Michael Cho Law Offices of Michael Cho

It depends on how you first entered the U.S. Assuming it was legally with a visa and you have overstayed your visa this entire time, then divorce followed by re-marriage should allow you to apply for permanent residence.

You may find more information on the process on my web site here:

http://www.msclaw.com/Green_Card_for_Spouse.html

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Answered on 9/21/10, 10:15 pm


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