You can apply for naturalization if...
@ You have become LPR for 3 years commencing from the date issued on the first card, and
@ You're still married to the same spouse (the one who petitioned you visa).
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... if you were in wait for a labor cert based green card case,and it is denied after a good 7 years wait, after the process you marry a us citizen in good faith, a case is filed 6 months after the union and the case is approved, does one secure a conditional green card or what do you get when they approve both your I-130 and your I-485?
... lawanwadee!. to answer your earlier question.. the attorney deemed it wise not to because the grounds for denial were that the employer could no longer exhibit potential to support the salary he was willing to pay then,, business trend had dwindled by the time it was reviewed .A lot can happen in a business in a 7 year window.
*'''''Now outside of that,, if a conditional green card holder wins a diversity lotto visa,can he apply for that as well?. and if so,, can the process be effected here? or one has to go to their respective home country to process the new case?. moreso, is it even advisable?. since one has a green card already,albeit with conditions?
lawanwadee!. case in point!. an illegal in US lands the diversity lottery visa.. (overstayed tourist visa while in the US) of course... does one file the lottery paperwork while in the US or one has to go back to the respective home consulate to effect this?
... As always many thanks for your immense legal counsel
A permanent resident can stay outside the US for less than 6 months and should have no problem with either re-entry or abandoning PR status. If planning on being outside for 6 months to less than 1 year, best to file for a re-entry permit (looks like a US passport, but is white with a Gold eagle on the front). You must be in the US at the time you file the I-131 for the re-entry permit. They are generally valid for 2 years and it is an affirmative statement to the CBP officer at the POE that the LPR does not intend to abandon PR status.
The best thing to do is to maintain ties to the US. Always pay taxes (as a PR), keep insurance, keep a residence, have US bank accounts and credit cards, have a job in the US, keep club memberships, US drivers license, etc. hope this helps!
Yes, you can still file the I-751 to remove the conditions on permanent residence by applying for a waiver of the joint filing requirement. The form has a box to check for a good faith marriage that has ended in divorce. You will need to prove up the bona fides of the marriage, at inception, typically with evidence of two things (1) cohabitation and (2) co-mingling funds. You may want to consult with an experienced or board certified attorney for more information. I hope this helps!:)
... very thorough on your exploits cityboy!. your input really hits ,if you will!
Thanks!
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