Need with some information please.

[president160875]

hello i'm in a situation can someone give some information on this,i was married to a us citizen in july of 2007 we have son together i got my temporary greencard for 2 years which was expired in december 2011 because of some disagreement she did not sign paper to remove temporary status im out of status we are still married can someone tell me what should i be taking to get my greencard and do i need a lawyer please thank you

[rayb]

Since your Green Card expired in December 2011, you've been out of status for 2-1/2 years. This will be perceived by USCIS as having abandoned your Permanent Resident status. To have your status restored, your wife will have to petition you over, and also do an Adjustment of Status, if you are processed while in the U.S.

Expiration dates are exactly that, "Expiration Dates." The "Removal of Conditions" procedure, to apply for a 10-year card, is given some leeway for renewing, up to a few months past expiration, with a reasonable excuse. But since you have gone this long and your wife may not be cooperative with you, you need to "reestablish" a legal basis for Permanent Resident status.

You can find lots of immigration attorneys who will give you the same advice as above, or even suggest appealing an "abandonment decision" by USCIS, but the $5,000+ to hire an attorney to seek an appeal of a USCIS decision that hasn't even been issued yet, might be a waste of money.

--Ray B

hello i'm in a situation can someone give some information on this,i was married to a us citizen in july of 2007 we have son together i got my temporary greencard for 2 years which was expired in december 2011 because of some disagreement she did not sign paper to remove temporary status im out of status we are still married can someone tell me what should i be taking to get my greencard and do i need a lawyer please thank you