Dear Madam, your articles in The Gleaner are quite comprehensive and I must say that I have learnt a few things.

I was married to an American citizen in 2005. We proceeded to file for my residency but were denied because I had unknowingly employed the services of a person who was not qualified nor permitted to practice law, to handle my divorce from my former wife in Jamaica.

Our relationship then suffered greatly because of varying stresses - not being able to work, travel, and also the embarrassment of the annulment - so we decided to part ways in 2007.

Since then, I have employed the services of a real attorney, got my divorce and also a declaration from the courts regarding my status as a single person.

In early 2008, I met this wonderful lady and we have decided to tie the knot next year. My questions to you, therefore, are how will my past misfortune affect my prospects of being granted a conditional green card, and is there a time limit with regards to remarrying? My partner and I have also discussed the idea of filing without the services of a lawyer. Do you think this is wise?

Your advice on this matter will be deeply welcomed and I hope my situation may help to allay the fears of other Jamaicans who are faced with a similar plight.

- I.H.

Most immediate for you is to determine whether you have been ordered deported from the United States as a result of the denial of your first marriage petition.

Once a petition is denied, United States Citizenship and Immigration Services (USCIS) usually sends a letter advising you that your work authorisation has been cancelled and that you should return it to their office and instructing you to leave the United States. Removal (deportation) proceedings are then begun, and you are referred to an immigration judge at the Executive Office of Immigration Review (EOIR).

Rare instances

In some instances, a person in your situation either gets the notices and ignores them, or fails to receive notification at all. There are some rare instances where years will go by before USCIS initiates removal proceedings. Whether or not you appear in Immigration Court to answer the charges against you, the immigration judge can remove (deport) you in your absence, in-abstentia proceedings. If you are deported and do not leave the United States, you become a fugitive and, at some point, Immigration and Customs Enforcement (ICE) will track you down, take you into custody and remove you from the United States. Unfortunately, it is sometimes when a person appears before USCIS for another interview from a subsequent petition that ICE takes them into custody.

a Motion to Reopen

If you have been ordered deported and currently have relief from deportation, it may be possible to file a Motion to Reopen and proceed with your new relief.

Also critical for you is to determine on what basis you were placed in removal proceedings, if, in fact, this was done. You could have been placed in removal simply as being an overstayer, i.e. you came to the United States legally and stayed beyond the time permitted by the US government. Or, you could have been charged with marriage fraud - trying to obtain US immigration benefits fraudulently through marriage.

So as not to speculate, you should immediately contact a qualified immigration attorney - one who practices immigration law. There are well meaning attorneys who do not practice immigration law on a regular basis and who are not knowledgeable of the complexity of the immigration system. It is unfortunate that there are also persons who, are not licensed attorneys who falsely claim to be attorneys and give wrong advice to people, or who, when a case falls apart, disappear because they are not qualified to find solutions to the client's problems.

Remain ready

To answer your questions on how the previous denial will impact your new marriage and a conditional green card - if you were not previously placed in removal proceedings, you must remain ready to prove that the first marriage as well as the current marriage was not entered into solely for immigration benefits. If, at the time of the interview with your new wife, you are married for under two years, you will receive a 'conditional green card', and two years after your approval you must file to remove the condition by proving that you continued to live with your wife after receiving the initial green card. There is no specific time period that must expire between marriage and filing for your green card.

In your position, it is better for you to get married sooner rather than later.

Dahlia Walker-Huntington, a Jamaican-American attorney, practises in Florida in the area of immigration, family, corporate and personal-injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. Email feedback and questions to editor@gleanerjm.com or info@walkerhuntington.com