Claimed Lawyer ProfileQ&AResponsive Law
- Immigration Law
- Free Consultation
Credit Cards Accepted
Visa & Mastercard accepted.
Jurisdictions Admitted to Practice
- Arkansas Judiciary
- District of Columbia
- District of Columbia Bar
- Board of Professional Responsibility of the Supreme Court of Tennessee
- ID Number: 014099
- Managing Partner
- Frager Law Firm
- Trial Attorney
- US Department of Justice - INS
- University of Memphis
- J.D. (1989)
- Outstanding Section Chair - Immigration Law Section
- Federal Bar Association
- Tennessee State Bar  # 014099
Articles & Publications
- Association (AILA) National Practice Pointers Book Prosecutorial Discretion: What it is, when you can request it and issues to address when submitting a request on behalf of your clients
- American Immigration Lawyers Association (AILA) National Practice Pointers Book
- CLE Coordinator & Speaker , Federal Bar Association, Immigration Law Seminar
Websites & Blogs
3 Questions Answered
- Q. Is it ok for someone who has a green card to be in a relationship with someone (not married but in a relationship)?
- A: There seems to be more going on in this fact pattern than you are aware. A unmarried green card holder should have no fear dating anyone he wants to date. Unless, he obtained his green card through a fake marriage, I am not sure why he would be so nervous about his social media reflecting that he was in a relationship with you. The fact that he was caught by ICE prior to getting hid green card approved leaves a huge factual gap that would probably explain why he is so protective of his private information. It is true that Immigration can ask to see your social media posts. We see that at the border when you enter the US, or when you apply for a benefit from USCIS. If you refuse to allow them access to your social media, an Immigration Officer could refuse to exercise favorable discretion when you seek a benefit under the Immigration & Nationality Act. If he doesn't want to list his current relationship on his social media, you may want to respect his wishes. We still do not know why it was a problem for him to tell Immigration that he was single prior to him getting his green card. I have seen this issue come up when they were already married either in the US or in their home Country. When you have a consultation with an Immigration Attorney, these additional facts may come out and the advice can be more concise. At this point, he already has lawful permanent residence status, so he does not need a relationship with a United States Citizen to help him get legal status in the United States. It appears that he is already on a path to qualify for Naturalization without needing help from anyone else. He is statutorily eligible for Naturalization after he has had his green card for 5 years. He can apply 90 days prior to that 5 year date.
- Q. I have 10 years green card got it through marriage but divorced after 2 years after of green card apply for citizenship
- A: Based on the information that you provided, you should not have a problem filing for Naturalization. The primary difference on Naturalization eligibility for you is that you must wait until you have had the green card for 5 years instead of 3 years. It would be 3 years if you remained married and living together with your ex-husband. You can file the application 90 days prior to the 5 year date you first obtained Lawful Permanent Residence status. It is important to point out that when USCIS approved your 10 year green card, you had already celebrated your 2nd wedding anniversary. That is an indicator that the marriage was legitimate having lasted at least 2 years. You also state that you had a child with your ex-husband. That is the strongest point in your favor of proving a "bona fide marriage at inception." The fact that the marriage dissolved two years after you obtained your green card does not outweigh the fact that the marriage lasted more than 4 years and had one child as a result of the marriage. You can tell the USCIS Officer what caused your marriage to fail, if they ask. Many marriages fail for legitimate reasons. USCIS wants to determine whether your marriage was real or fake at the time you got married. You should feel very comfortable telling your story and knowing you did not have an improper motive.
- Q. How long newish naturalized citizen should wait to remarry after divorce?
- A: There is no particular test that you must follow. USCIS will use their own "smell test", as I call it. If Immigration thinks that your first marriage was held together solely for you to get a green card and then three years later for you to apply for Naturalization, they will scrutinize your new case. Certain State laws require you to wait at least 30 days from the final divorce decree before you can remarry in that State. You can check on that in the jurisdiction where you want to get remarried. If you are planning on petitioning your new wife for her green card, then you must be prepared to show the bona-fides of both marriages. If you, in fact, can show that both marriages were bona-fide at the inception of the marriage, then you should prevail on the new case for your second wife. Of course, each case will be decided on the specific facts of that case, so no lawyer can guarantee an outcome that will be decided by a Government Official. Immigration has a right to inquire on your motives. You must be clear that your motive was not to manipulate the immigration process just to get a green card and then Naturalization. In my opinion, you should hire competent legal Counsel to assist you with this case.
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