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Ice on Immigration: Naturalization after divorce 

By L. Patricia Ice, Featured Columnist

Question: I am a Trinidadian native living in the US.  I came to the US on a student visa, in 1995.  I graduated in 2000.  I pursued a change of status when I got married.  The petition was denied due to abandonment and I did not appeal in time.  I was divorced and I then re-married.  I am still out of status.  Through all this I still hold employment.  Is there any way I can be naturalized?

Answer: Before you can naturalize you have to have lawful permanent resident status for at least 3 to 5 years.  You still may be able to adjust to lawful permanent resident status if your current wife is a United States citizen.  In order to do this your U. S. citizen wife will have to file with the Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) an I-130 Petition for Alien Relative and I-864 Affidavit of Support along with your I-485 Application to Adjust Status, I-693 Medical Examination, G-325-A Biographic Information forms plus required supporting documents and fees.  The government filing fees for the foregoing petitions and applications are approximately $1365.00.  You must also pay for your medical examination.  The adjustment of status process is complicated and I suggest you seek advice for your specific case from an immigration attorney or Board of Immigration Appeals accredited representative before filing anything with USCIS.  If your wife is not a U.S. citizen the adjustment of status process will be different.