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How to adjust status, get SSA benefits, or proof of residency when CGC is expired?

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  • How to adjust status, get SSA benefits, or proof of residency when CGC is expired?

    2014-202
    Entered the US with J1 visa.
    Married to a US citizen.
    Got my conditional green card.
    Marriage annulled by default, due to me not being present at the court for the verdict, and my ex’s accusations of infidelity in court…
    Moved on and married again. My wife and I are married for more than 3 years now.
    After the second marriage, I joined the US Navy. (Got discharged under honorable conditions)
    Applied for naturalization through the military. But my first application was denied; due to being on informal probation for DUI.????????‍♂️
    While still on active duty, and after my probation terms have ended, I re-applied for naturalization! I passed the civics test, completed my interview and have been waiting for a decision for over a year now.
    My conditional green card through my first marriage has expired/got lost/terminated…I just have never been notified by the USCIS about it.Honestly, I’m just tired of this whole process…it is so frustrating and stressful to wait for a decision! It’s taking a huge toll on me and my health…I don’t remember how many times I called USCIS to get an update, but they don’t have any. I don’t even know what’s going on, or what my status currently is.

    I need help! I need to be able to travel and come back to US. I haven’t seen my family in 7 years now, and I need to be able to adjust my status, or get some type of documentation/stamp/visa/permit/card, ……anything!

  • #2
    Naturalization on the basis of military service after 9/11 does not require that you be a permanent resident in order to naturalize. So your not having removed conditions does not affect your naturalization. I don't know why you would not have heard anything a year after your interview; that does seem pretty unusual. Your congressman's office can help you look into the delay. Another option might be to get a lawyer to file Writ of Mandamus. A pending naturalization application does not in itself give you proof of status or the ability to re-enter the US, if you do not otherwise have status.

    If you want to be able to re-enter the US while you are waiting on your naturalization application, I believe you have two options: 1) apply for Removal of Conditions (I-751) by yourself, on the basis that the marriage was entered into in good faith but terminated in annulment. The I-751 receipt serves as a 24-month extension letter, so it plus the expired green card serves as a valid green card until 24 months after your green card expired. If it's been more than 24 months since your green card expired, then you will need to make an appointment at your local USCIS office for an I-551 stamp, and then you can travel on that stamp. Or 2) if your wife is a US citizen, apply for Adjustment of Status through your wife by filing I-130 and I-485 to get a new green card from scratch. You would file I-765 for EAD and I-131 for Advance Parole for free with the I-485, and you can travel with the Advance Parole once you get it, but processing times for I-765/I-131 can be half a year or more these days.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I have a lawyer who can help am in the military after I used him it was approved right away

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