San Jose, CA Immigration Law Firms & Lawyers

I am sorry to be the bearer of bad news, but you cannot simply come back. Your 2-years green card was given to you with a condition that you would remain married to your wife; before it expired, you and your wife had to file an application for removal of conditions so you would get a permanent, 10-year green card. Because it was not done, your 2-year green card was cancelled. What is worse, if you ever try to come to the U.S., you will be required to prove that your marriage was not a "paper marriage" (that you did not get married just to obtain a green card). Another problem is that you have been absent from the U.S. for over a year; in such cases, USCIS says that you have abandoned your U.S. residency, and, even if there were no problems with your 2-year green card, you would be denied entry into the U.S. If you sought an immigration attorney's advice back in 2011, before your green card expired, it were possible to try convincing USCIS that you entered the marriage honestly believing that it was a real marriage, and that you should be given a 10-year green card despite the divorce. It would not have been easy, but it was possible. Now, over a year later, chances of success are very, very small. Plus, you would have to prove that your living in your country did not constitute abandonment of your U.S. residency. Together, these two tasks will be very difficult to accomplish. Nevertheless, if you want to try restoring your status as a U.S. permanent resident, you can try finding an immigration attorney who would be willing to work on your case.

No. At this time we are waiting for regulations regarding the processing of the waiver. The new announcement is that you will have to wait in Mexico for the processing of the waiver but it seems that you will have to go to the interview.

If your lawful permanent resident daughter resides in your legal custody, she may automatically obtain citizenship if she is less than 18 years old on the day your naturalize. She can apply for a passport with your naturalization certificate and her birth certificate and permanent residence card. She should also file a form N-600 to obtain her own certificate of citizenship.