Evans, CO Immigration Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

If the USCIS checks the records of the Customs and Borders Protection before granting your wife's application for change of status, it will reject the application as abandoned because the applicant left the U.S. If it happens, it would not interfere with your wife's ability to come back on her L2 (so long as you are still working for your L1 petitioner) and re-file the change of status application. If the approval of your H1 comes while she is in India, she should make an appointment at the U.S. Consulate and receive her H-4 there - because, technically, her L2 disappears the very same moment when your L1 is changed to H1.

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.