Found an issue on this page? Let us know and we will look into it as soon as possible.
Still not sure whether or not to include daughter in my I-751 Removal of Conditions. Please help.
Anonymous2 views3 answers
I came here with my daughter & she entered with a K-2 visa. She hasn't gotten her Green card (long story) and we are working with a lawyer now for her AOS. My question is, do I need to file for ROC for her as well on my I-751?
I posted this question before and all answers I got are not to include her but this is what my daughters lawyer said: Aria is subject to the same period two-year conditional permanent residency as Rica. Even if she does not yet have a Green Card, she came to United States as Rica's dependent child after you filed an I-129F petition for Rica, who was your fiance at the time. Aria's visa was issued based on the same I-129F petition as the petition filed for Rica, and her U.S. Permanent Residency is subject to the same conditions as Rica's."
What should I do?
You cannot remove a condition when conditional resident status was never issued by the USCIS. Again, your daughter never received conditional resident status. She was supposed to file for adjustment of status, separately.
She completed the requirement to adjust in that you married your husband, so she should still qualify for adjustment of status to lawful permanent resident. That is, if you were married to your ex-husband for more than two years before the divorce. If not, then she should still be able to adjust status as a matter of law based upon the K2 visa entry and marriage within 90 days.
She did not become a conditional resident within 90 days of your conditional resident status, so your daughter must file, separately, but first must adjust status. See 8 CFR 216.4(a)(2). It is unclear if she needs to file an I-751, she must file a separate I-751 self petition if you were married less than two years before the divorce.
No one wants to quote the regulations, but its unclear to me whether you have an attorney. Sometimes, the community standard for due diligence or malpractice may be deemed lower. This sort of adjustment can be complicated due to the extreme delay.
Again, your child must 'first' file for adjustment of status. You may want to get a legal advice from a licensed U. S. Attorney or get a second opinion. Have both attorneys review the regulation, below. Good luck.
If she received conditional residency hen you need to file for removal. If not, then you don't but you should speak to another attorney and get a second opinion if you are unsure of what your daughter's attorney told you.
