Failed to Inform USCIS about divorce

[Leslie B. 1]

Need help please! (Please reply only if you have some solid knowledge about this)

 

 

My situation:

 

                I received my 10 year green card before my I-751 case was transformed from joint filling into divorce waiver. I don't know why my attorney was waiting until the last minute to inform USCIS, but I have a feeling that there was some strategy that they do not want to reveal to me because they knew that my adjudication time was coming, and they haven't informed USCIS for 6 months. Now my attorney is saying that we have to ask USCIS to reopen the case, revoke my GC and go through divorce waiver process. Otherwise, I might have problems when applying for citizenship.

 

Has anyone heard about a case like mine? I have never heard of GC being revoked, and even my attorney is saying that he has not had a case like this before. I do not trust my attorney any more because it doesn't sound right to me, so I am asking you all for help. (Again, I am not interested in opinions. Only facts, knowledge, or previous experience please)

 

Thank you very much 

[EM_Vandaveer 2,369]

Was your divorce already final when you received your 10-year GC?

[Leslie B. 1]

2 minutes ago, EM_Vandaveer said:

Was your divorce already final when you received your 10-year GC?

Yes, about two weeks before I received my GC. I thought my attorney informed USCIS about my divorce months ago, so I was expecting RFE, but received GC instead. 

[EM_Vandaveer 2,369]

This could cause problems applying for citizenship. However, if you never apply for citizenship and instead renew your GC every 10 years, you'd be fine most likely.

~~ Moved from "Removing Conditions on Residency General Discussion" to "Effects of Major Family Changes on Immigration Benefits" ~~

Edited February 17, 2019 by EM_Vandaveer

[TBoneTX 43,058]

Two hijack posts by the OP have been removed from unrelated threads.

A thread from 2012 hijacked by the OP has been locked.

Leslie B., do not (do NOT!) start any more threads on this topic.

 

VJ Moderation

[Ontarkie 13,917]

I would not do what your lawyer is telling you to do. I would go seek a few other attorneys advice before listing to the one you have. He screwed up not notifying them about the divorce so I would not trust the advice to cancel your GC that just seems nuts. Talk to a few other lawyers before you do anything.

[Going through 5,668]

On 2/17/2019 at 1:50 PM, Leslie B. said:

Now my attorney is saying that we have to ask USCIS to reopen the case, revoke my GC and go through divorce waiver process. Otherwise, I might have problems when applying for citizenship.

Well...your lawyer is correct when he says you will have problems when applying for citizenship (the IO would know when you got divorced from the previous spouse questions on the N400 application), and in the review of your entire immigration file may easily spot that the i-751 was incorrectly approved before the divorce was finalized/incorrectly approved since USCIS was never made aware of your divorce proceedings during the ROC process.

 

Even applying under the 5-year rule for citizenship, your entire file is looked over to ensure the initial GC/ROC were properly approved beforehand, as part of the overall adjudication process for the N400.

 

I think the "revoke my GC" part may have been a miscommunication---the lawyer might have been explaining to you that USCIS could move to revoke LPR status if the N400 is denied if willful material misrepresentation was discovered during the adjudication process for the N400, (not informing them of the divorce during your ROC process may be a material misrepresentation---as you were still ultimately responsible for informing USCIS, not your lawyer).  

 

Unlikely that issues would arise if you wish to remain a LPR.  If you have plans on naturalization, you should speak to a (different) lawyer.  

Edited February 19, 2019 by Going through