ray immigration question

[gcman]

Ray a chinese lady i have met is in usa to get a divorce from american husband has 5 year old child born in usa from husband was married being in usa on tourist visa and lived in usa (tex) for 3 years before going back to china with husband  (he had job with usa company in china..now she does not know about AOS or anything  any suggestions? she wants stay in usa  is an E engineer

[Ray]

... in response to ray immigration question, posted by gcman on Sep 12, 2005

What's her immigration status?
Did she ever get a Green Card or apply for adjustment?
Is she here on a visa? If so, which type?

[gcman]

... in response to Questions, posted by Ray on Sep 12, 2005

ok Ray more info  sorry my chinese is lousy..
came usa on business visa in jan 1999 married may 1999 had child and lived in dallas till oct 2000 when husband was sent to china for business lived together till march 2003 when separated   she remebers him applying for permanent residence in 1999 but she not know what happened  she thought that since they had moved to china that maybe govt cancel paperwork..she is now is usa on tourist visa having told embassy in china she was coming to usa to get divorc

[Ray]

... in response to Re: Questions, posted by gcman on Sep 12, 2005

If she never went in for an AOS interview, then the AOS petition has surely been cancelled long ago. Being married to an American citizen gives her a legal basis to petition for adjustment, but she would still need the cooperation of her husband and they would likely have to be living together. Once she is legally divorced, she may not be able to adjust status. Her American citizen son could not petition her until he is 21.

She really needs professional help on this one. Before she does ANYTHING else, she needs to consult with a good immigration attorney. See if you can find a member of AILA in her area who speaks her dialect. A phone call to the State Bar Association’s Attorney Referral Service might help. Once she gets divorced or leaves the country, it will probably be too late to do anything. She should make sure that she doesn’t overstay her visitor visa.

Ray

[gcman]

... in response to Questions, posted by Ray on Sep 12, 2005

she came here 3 months ago on a tourist visa she does not know if husband did the AOS  even now her english is just fair  husband is with young girls in china and they have been separated for almost 3 years  the man pays no child support and gives her no info at all  she never got a green card they married in Dallas and lived there for a few years and had a son in dallas hospital  she says she does have a divers lic and a social security card

[Beattledog]

... in response to Questions, posted by Ray on Sep 12, 2005

I have no idea

beattleodog