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Jennifer Lynn Cervantes
Cervantes & Cervantes, PLC
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Practice Areas
- Construction Law
- Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
- Immigration Law
- Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards, Immigration Appeals, Investment Visas, Marriage & Fiancé(e) Visas, Student Visas, Visitor Visas, Work Visas
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Fees
- Credit Cards Accepted
- Contingent Fees
Jurisdictions Admitted to Practice
- Maryland
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- Virginia
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- D.C. Circuit
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Languages
- English
Professional Experience
- Partner
- Cervantes & Cervantes, PLC
- Current
Education
- Liberty University School of Law
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Professional Associations
- AILA member
- Current
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- Virginia State Bar # 83726
- Member
- Current
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Websites & Blogs
- Website
- Cervantes & Cervantes, PLC
Legal Answers
2 Questions Answered
- Q. I am a US citizen. My husband's 2-year green card expired 3 years ago (while overseas). Can he get 10-year card now?
- A: You really need to contact an immigration attorney.
From what I understood from your question: he obtained his green card based on your marriage and obtained a conditional 2 yr. green card. He then left country and remained overseas.
In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. To remove the conditions on a green card based on marriage, you must have filed Form I-751,Petition to Remove the Conditions of Residence.
During this time there were residency requirements, which your husband failed to meet. There may be other remedial measures for your husband at this point ... Read More
- Q. My huband wasn't deported he had to leave the states due to a family emergency. What does he need to return?
- A: It really depends on the specific circumstances of your case. I would recommend that you contact an immigration attorney immediately.
Generally, if a person overstays their visa, they will be subject to the 3 and 10 year bars provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.
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