Encinitas, CA Immigration Law Firms & Lawyers

Unless your father is a person of high concern to the Department of Homeland Security, or the green card is not real, your father likely does not have a problem with Immigration in applying for unemployment benefits. I note that the card's expiration by itself does not invalidate an individual's permanent resident status. Assuming that his only problem is that he allowed the green card to expire without renewing it, he is still allowed to do that at this time. He would fill out and send the I-90 application for a replacement green card with fee to U.S.C.I.S. 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.

Filing I-130 has nothing to do with the 10 year bar. You should have filed it after you became permanent resident. Therefore you should file now. The 10 year bar only applies when she shows up at the visa interview. She will not receive the immigrant visa if she has not been outside of the US for 10 years or she has not received a waiver.

Immediately after terminating a current marriage through divorce (thereby creating eligibility to remarry), and upon becoming married to the foreign national, a U.S. citizen spouse may commence a marriage-based adjustment of status application process for the new spouse - there is no additional waiting period. Note, however, that the USCIS can be expected to require not only documentary evidence proving that couple is living together in a bona fide marriage, but also evidence that the U.S. citizen spouse's initial marriage was bona fide notwithstanding that it ended in divorce. If the divorce attorney you engage is not familiar with these immigration legal issues, it may be helpful for that lawyer to consult with an immigration lawyer about documentation that may be obtainable in the divorce litigation and could be useful in the subsequent immigration case. Additionally, especially in light of this additional complication, it would be wise for you and your fiance to consult with an immigration attorney about immigration-related eligibilities, options and strategies as well as representation in the immigration application process.