Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
I am still married can I reapply for my green card. If so, can I apply for adjustment of status while visiting the U.S.
Yes, you and your spouse can go through the whole process over again. You need to be careful and not file sooner than 60-90 days upon entry because you cannot enter as a visitor with the intent to immigrate. That is fraud and you are questioned at entry what is the purpose of your visit. They enter that answer into your electronic file.
Matter of Cavazos, 17 I&N Dec.215 (BIA 1980)
That case held that the presumption of immigrant intent does not apply to immediate relatives if adjust ment is filed within 60 days.
However, that does not mean that the USCIS cannot look at other facts and they have many resources available to investigate whether there was a fraud or misrepresentation to the CBP when questioned at entry. So for example, if the CPB officer asked your father why he was coming and if he was going back home and he answered "yes" but had abandoned all his ties to his home country then the USCIS could consider his statements as being a misrepresentation or fraudulent. So the adjustment could be denied on that basis and not on the immigrant intent issue.
Here is what you will need: Find instructions for each here:
I-130 Immigrant Petition (signed by US citizen spouse)I-485
Application for Adjustment of Status (signed by alien)
I-765 Employment Authorization Application (signed by alien)
I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)
G-325A Biographic Sheet (one for alien and one for their spouse)
A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
I-864 Affidavit of Support
Two passport sized photos of spouse
Six passport size photos of alien
Copy of alien’s passport including all blank pages and I-94
Copy of US citizen birth certificate, natz cert or passport
Copy of spouse's birth certificate
Copy of any divorce decrees
Copy of marriage certificate
One check for the I-130 in the amount of $420
One check for the I-485/765/131 in the amount of $1,070
The packet get filed at the PO box on Page 6 of the instructions
You can read about the process at this site
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