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It is relatively easy to apply for permanent residency (Green Card) on the basis of a marriage to an American citizen. But not all marriages succeed, and some marriages fail very fast - even before the alien spouse gets the conditional (temporary) Green Card. What then? In most cases, the U.S. Citizenship & Immigration Services (CIS) will send you a Notice To Appear (NTA). This requests your appearance in Immigration Court for Removal (deportation) proceedings. But do not despair: You still have a chance.
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First: Do not avoid or miss any scheduled appearance or hearing in Immigration Court. (To read more about Immigration Court - click here). Second: You and your immigration lawyer should carefully read and analyze the denial of your Application for Adjustment of Status (Form I-485). Did the denial accuse you of “marriage fraud,” and if so - why? (Many times the CIS is too hasty in making such accusations). Third: If there is no hope to save - or revive - your marriage, take the necessary steps to get a divorce. (Do not leave it to your U.S. Citizen spouse to apply for the divorce - it could take too long). Fourth: You and your immigration lawyer should review your history and your present circumstances and decide what applications may still be filed for you in Immigration Court. Generally speaking, a failed marriage need not be the end of your life in the U.S. |
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