Q&A’s published on Lawyers.com and the Epoch Times on May 29, 2020 1. Effect of Divorce on Green Card? 2. Can I Travel on B1 (Initial Training) While L-1B Blanket Petition is on the Way? 3. Can I Send my Fiance Appeal Application With a Note that Say We Have Kids and I Am Pregnant?

1. Effect of Divorce on Green Card?

I have a 10-year green card obtained through a 4-year marriage with my USC husband. We are now peacefully heading to get a divorce. I obtained my green card Oct of 2018. Will I lose my green card? Can I still naturalize in 5 years?

Mr. Lee answers,
Many people divorce in the United States every year. The fact that you are now heading to the divorce after obtaining your green card in 2018 would not necessarily raise flags with U.S.C.I.S. You would not lose your green card based on that circumstance. You can also still naturalize in five years. At the naturalization interview, you may be asked questions to verify that the marriage was bona fide, but just on the circumstances that you present, there is nothing alarming. 

2. Can I Travel on B1 (Initial Training) While L-1B Blanket Petition is on the Way?

I am having valid B1 Visa till 2027 , My employer has already filed L1B for me and I will be receiving petition in next week, but visa interview date is after 50 days and my employer want me to come early , can I travel on B1 (for initial training) now and later on come back to my home country for visa interview ? Will it increase my chance of rejection during L1B visa interview ? can I give visa interview in 3rd country near to USA because my home country is far away (18 hours flight) from USA , will it increase chance of rejection of L-1B?

Mr. Lee answers,
There is a possibility that you may encounter a problem at the time of interview if the consular officer believes that the employer and you were trying to jump start your date of employment.  There is a risk if your employer takes this path. Interviewing in a third country near the USA increases the chances of rejection as many consular officers believe that the persons best able to handle initial cases are consular officers in the person’s home country. You may be asked to go back to your home country for interview by a third country consulate if you decide to take that path. 

3. Can I Send my Fiance Appeal Application With a Note that Say We Have Kids and I Am Pregnant?

I am a USA permanent resident. The judge denied my fiance case and he made an Oder to remove him to leave USA in 30 days. I am pregnant I have 2 kids.

Mr. Lee answers,
Unfortunately your fiancé will not be able to appeal the judge’s order successfully on the basis that he has U. S. citizen children and that you are now pregnant. If he has other grounds for appeal, he may bring those out before the Board of Immigration Appeals. As you are a green card holder, you and your fiancé may wish for a consultation with an immigration lawyer to explore any other options that you may have.