Should she be legal ?
Got married (for real) even had a child with an US citizen.
Their marriage ended after 2 years while her application for residency,was processing.
Immigration law requires 3 years of marriage to obtain legal status.
Nobody told them until her application got denied.
What are her options considering that she does not want to take her child oversea, away from his dad.
How can she readjust her status after so long?
Answer:
can't she take a citizenship test or something?
Contact a lawyer, I think because she has an american citizen child she gets "special" consideration.
Maybe you can find your answers At the site I've listed here. Immigration is a complex issue. Good luck! Another option is to contact an immigration Lawyer.
Something wrong here, dear. You can remove conditional status 90 days before your second anniversary. So, it needs but two years. She should have done it back then on her own, if they did not live for 1 year and 275 days. She should have pleaded entering into marriage in good faith.
The baby means nothing and is considered an anchor baby. She has a serious problem and should consult an immigration lawyer.
I do not see what she can do now. She can not adjust her status, and has to leave, sorry.
The child is a trump card. But ask INS cause them laws changed.
If the divorce is not final yet can't she talk to her 'ex' and ask him to wait on the divorce until she gets her green card?... After all she is the mother of his child who by the way is a US citizen.
If he refuses to wait until the papers go through then she should contact an immigration lawyer for advise- Also, if the reason for the separation was due to domestic violence then she may be able to continue with the paperwork... either way, best course of action is speaking with at least an advocate
play by the rules or suffer the consequences.....you are suggesting she would have stayed married for 3 years if she had know it would affecte her status..... doesn't sound to me like she has much respect for our laws - like so many immigrants. Go back where she came from - with or without her kid!
What was her original entry status? Did she immigrate or did she come in on a student visa? Because her status changed during the application process she should have notified immigration as soon as it happened. She can always appeal the denial. Having a USC child does not make any differences. The child cannot petition for a parent until they are 21 yoa.
She needs a lawyer. Otherwise she will be going back soon. Its very sad.
She should have done her research first and stayed married for another year.
Tell her to just be an illegal. Its fun and much easier.
Dear Mam,
Will you be more specific with a consultation with her ...
I need previous status of her and hus .... to scrutinize......
mail me at ijk@dr.com
you must contact a lawyer fast... show that she is great citizen and that she will be an asset for you're country...
The immigration information post by website user , MyTend.com not guarantee correctness