Gardner, CO Immigration Law Firms & Lawyers

While the Green Card has already been received, it is necessary to file what is known as the Petition to Remove the Conditional Residency. If this is not properly filed within 90 days before the expiration of the Conditional Green Card, the status will be automatically terminated. My office can file everything necessary to show that the marriage was bona-fide and that the USCIS should remove the condition in order to issue the permanent lawful permanent residency card. Please note that in some cases, even though the spouse does not want to help file the petition to remove the conditional residency, or there has been a divorce, it is still possible to get the Petition to Remove the Conditional Residency filed. *Divorce Waiver* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

It may be possible to transfer from a pending B2 application to H1B without leaving the US. The B2 application if not yet adjudicated by the time that the H1B petition is being adjudicated is looked upon as a “bridge” application. USCIS will look to see whether the bridge application is approvable. If so, it could favorably adjudicate the H1B transfer petition if that also looks approvable. In such case, it might be in your interest to withdraw the B2 application if USCIS did not act on it prior to making the favorable H1B adjudication. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Generally, a U.S. Citizen parent of a married daughter may petition for her in the Family-based Third Preference visa category. Note, however that there is a multi-year backlog for visas in this category, and the married daughter would not be permitted to stay in the U.S. on a visitor's visa (B1/B2) while waiting for a visa to become available. Other eligibilities and options may exist, and there is no substitute for engaging an immigration attorney to review all of the relevant facts in order to advise about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.