The client did not file I-751 after divorce, detained after I-485 Interview based on his second marriage; Removal Order Rescinded, Finally Obtained Permanent Green Card
We would like to share another successful case of our firm with you. A client divorced before filing his I-751, petition to remove conditions. Later, the client remarried and went to a second green card interview, but he was taken to immigration detention after the interview. Our team filed a motion to reopen and rescind the removal order before the immigration court, and the client finally obtained a permanent green card.
Ten years ago, the client married a U.S. citizen and obtained a two-year conditional green card. However, before the conditional green card expired, the client divorced his ex-wife and did not file I-751 to remove the condition. Therefore, the USCIS terminated the client’s legal status and referred the client to the immigration court. In addition, the USCIS mailed the Notice to Appear (NTA) to the address provided by the client in his previous application. Since the client had moved, he never received this court notice.
A few years later, the client married another U.S. citizen. The current spouse submitted a second green card application for him. Soon after, the client received an interview notice and also attended the immigration interview on time with his current spouse. During the interview, the interviewer found that the client had a deportation order, so the interviewer notified ICE immediately and sent the client to the immigration jail.
According to U.S. immigration law, if the marriage is less than two years, the applicant will get a temporary green card valid for two years. Within 90 days before the expiration of the conditional green card, the applicant should submit a petition to convert the conditional green card to a permanent green card. If the petition is not submitted in time or the petition is rejected, the conditional green card status will be terminated. If the conditional green card expires and there is no other legal status for someone to stay in the United States, the person may be referred to immigration court for removal proceedings.
Once the case is before the immigration court, it is imperative to update the accurate and current address with the court on time. Suppose the applicant does not receive the notice from the court and is absent from the hearing; in that case, the judge can issue a removal order after hearing the government lawyer. Once the removal order is issued, and the applicant fails to leave the country on time, ICE has the right to detain the applicant in the immigration detention facility and deport him back to his country at any time.
We submitted a motion to reopen the removal order for the client, and proved to the court that the client did not receive the NTA, and he had reasons for not appearing as scheduled. Although the client is obliged to update his address, it would be fundamentally unfair and cause difficulties for the client’s U.S citizen family members if the removal order is not reopened.
Finally, the judge agreed to open the trial proceedings. Since USCIS has confirmed the authenticity of the client’s new marriage and the I-130 has been approved, the I-485 adjustment of status (which is the green card application) was finally approved by the court.