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PDF Editor FAQ

If a foreign born person was trying to gain a green card following a marriage to a US citizen, what happens to their case if a divorce occurs?

Sigh.There is another answer to this question, which reads:Unless the rules have been changed, the parties must be married for at least two years. After that, it does not matter.Short. Succinct. And virtually entirely incorrect.Folks, US immigration law is complex. While the short answer above is mostly true, it is actually false, because there are significant exceptions to both of the assertions made in the above two statements.While the general rule is indeed that it takes two years to clear a conditional green card, it is possible for a person whose marriage who fails before the two years expires can still keep his or her green card, if the individual adequately proves that the marriage was a legitimate attempt at a marriage that simply failed, or that the other party to the marriage was abusive.Second, it is not true that it does not matter if the marriage fails after two years. USCIS policy allows, when an immigrant petitions for naturalization, and that immigrant’s original eligibility for entering the United States as an immigrant was dependent on being married to some other person, USCIS may, at that time, adjudicate whether that marriage was a legitimate marriage. If the marriage ended shortly after the two-year conditional period ended, the USCIS adjudicator is likely to be suspicious as to whether the marriage was in fact for the purpose of obtaining an immigration benefit. If the marriage is, at that late juncture, determined to have been solely or primarily for the purpose of obtaining an immigration benefit, USCIS may then deny the petition for naturalization, and can further terminate the lawful permanent residency (that is, revoke the green card).Thus, in a green card situation, “the parties must be married for at least two years” is neither a sufficient nor a necessary condition.

What do you think about this new USCIS policy that pertains to and affects the children of US service members born on military bases on foreign soil?

One more pointless pain in the behind action that’s totally unnecessary with the aim of making citizenship difficult. What they seem to be targeting is service members who marry foreigners who might have children that would normally have been given citizenship at birth. This is a back door to ignoring birthright citizenship as stated in the Constitution by changing the meaning and requirement of residence in the US. So the service member, who is a citizen has to have their child ‘naturalized’ where that was not required before.There is absolutely no logical reason to tell a man or woman serving their country that their country doesn't want their children to one day be able to run for president, because their children won’t be considered ‘natural born’.This is for men and women stationed overseas, for diplomats and their families where some might be considered natural born and others naturalized, people the government sends overseas in the first place and then they have the nerve to say their kids aren’t eligible for citizenship? How disgusting is that, who thought of this incredibly insulting and stupid ‘regulation’?This is not if both parents are citizens but it is if only one if them is a citizen.My guess is that it will end up in court, of course now that the judicial system is full of Trump’s mice who knows where that will end up. In the meantime I’d think that those in the military and diplomatic corps would be less inclined to serve their country if their country doesn’t want their children.One more stupid idea from the White House.

What is your most memorable white privilege moment?

I have two very memorable moments, both involving law enforcement.The first was simple. I was recently married and had received a temporary 2 year greencard. Hurricanes Katrina and Rita had messed things up around the time we got married, and we'd completely forgotten to report a change of address to the USCIS. As a result, we did not receive the notices asking us to renew my card. While an expired 10 year card isn't too bad, a 2 year one is grounds for removal. Thankfully we caught our mistake in time, but for about a month or two, I drove around without realizing I was eligible for removal (deportation). Once we filed the new application, I remained in limbo for another two months and our attorney told me to steer clear of the authorities until it was settled.It was shortly after this that I drove straight into a checkpoint set up by state police, border patrol, and a few ICE officers who were lurking in the background. Naturally I grabbed my phone, as I waited behind the other cars, and called my lawyer and husband. She told me to hand them a little printout explaining that I wanted my lawyer, and to not say a single word. I was imagining a stay in a rapey detention center and perhaps being stuffed in the cargo area of a plane and flown back to Denmark. When I got closer I saw at least ten cars pulled aside and their brown and black skinned occupants sitting on the side of the interstate. I was about to crap my pants, but I got my little card out and drove up the officers. They smiled, nodded and said “morning miss” and waved me right through. In my rearview mirror, I saw the Latino man behind me drive off to the side and get out of his car.Chances are that they were all citizens or legal residents, but apparently brown skin and an accent is enough cause for the authorities to check your papers. White women in nice cars get waved right through, never mind that they’re actually eligible for deportation.We got my green card straightened out, and I became a citizen last year. I still forget my paperwork sometimes, though. A few years ago I had to run something to my mother-in-law and I didn't really think I needed my purse. I had some cash in my pocket, but that was it. I can't remember what I did wrong, but a police car followed me when I turned into the parking lot of a store. I did see him, but didn't connect him with me, so I just got out of my car and started walking to the store. He politely called out to me, and I met him back by my car. I had zero ID on me, and the vehicle wasn't even registered in my own name. In the end I got a polite warning to not leave my purse at home, and not do whatever it was that caught his attention. He didn't run any checks, write any tickets, and I certainly wasn't handcuffed or asked to sit on the ground.A black woman made an identical mistake. Her attempt to walk into the store when she hadn't seen the officer (no flashing lights) got her accused of trying to flee. Her vehicle was searched, she was handcuffed, and taken to jail until they could verify her identity. Then they loaded her up with citations.

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