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GC Terminated, how to work legally, please help~~!!

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  • GC Terminated, how to work legally, please help~~!!

    I have an urgent question. I got my 2 year green card through marriage in 2013. I got divorce in 2015. Now my removal of conditional green card application was denied and they terminated my residency status. If I refile the case, meaning re-apply for removal of conditional GC again, can I get a legal working status again? I need to know if I can support myself for living while the case is pending. Please help~!

    Plus, is there any law saying that if a person is out of status in the U.S. longer than a period of time, they couldn't come back again for any reason for ?? years?
    I heard one lawyer said if a person over-stay in the U.S longer than 3 months, they can't re-enter for any reason for 1 year. But another lawyer said if over-staying longer than 6 month, they can't re-enter for 3 years. I have no idea which one is correct. Does anyone know?

    Many thanks,
    Rachel

  • #2
    Originally posted by hiulo View Post
    I have an urgent question. I got my 2 year green card through marriage in 2013. I got divorce in 2015. Now my removal of conditional green card application was denied and they terminated my residency status. If I refile the case, meaning re-apply for removal of conditional GC again, can I get a legal working status again? I need to know if I can support myself for living while the case is pending. Please help~!
    Why was it denied?

    Have removal proceedings already been initiated against you? If they have, then you need to file Removal of Conditions with the immigration judge; otherwise, you file it with USCIS. Once you file, you should get a receipt that is an extension letter that serves as temporary proof of your permanent residency; if not, you can get an I-551 stamp to serve as temporary proof of your permanent residency since you have a pending ROC application. In fact, you should still be able to use the extension letter you got from the first time you filed ROC, unless it's been more than a year since then.

    There is also some ambiguity about whether your permanent resident status is actually terminated; there are some rulings that say you remain a permanent resident until you are actually removed by an immigration court. If you are still a permanent resident, it's legal for you to work. For I-94 purposes, you can use your unrestricted Social Security card or expired green card plus extension letter.

    Originally posted by hiulo View Post
    Plus, is there any law saying that if a person is out of status in the U.S. longer than a period of time, they couldn't come back again for any reason for ?? years?
    I heard one lawyer said if a person over-stay in the U.S longer than 3 months, they can't re-enter for any reason for 1 year. But another lawyer said if over-staying longer than 6 month, they can't re-enter for 3 years. I have no idea which one is correct. Does anyone know?
    There is the 9B ban where if a person accrues 180 days of "unlawful presence" and then depart the US, they have a 3-year ban, and if they accrue 1 year of "unlawful presence" and then depart the US, they have a 10-year ban. But it's kind of unclear whether whether you would accrue "unlawful presence" in your situation. Anyway, just focus on your Removal of Conditions.

    This is my personal opinion and is not to be construed as legal advice.

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