My ex - husband used me for a green card . We were together for 6 months , then separated and he didn't let me get divorced because it looked bad for his green card so I had to wait another 6 months to file for divorce . I was scared of him and still am , he threatened me . I sent a letter to LUSCIOUS explaining what happened , he cheated on me right after he got the conditional green card . When they see my letter , and when he applies for the green card , what are the chances he will be deported or denied the green card ?
You need to move on with your life.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Corporate / Incorporation Lawyer
I do not practice immigration law, nor do I practice in your jurisdiction, so I decline to comment on your Green Card question. However, I do believe you should seek a protective - or restraining - order against him if you have reasonable cause to believe he is a danger to you.
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USCIS will most likely not even consider your letter, if it ever gets to your ex's file that is (and that's a big IF..)
There are numerous exceptions to the joint filing/signature requirement at the I-751 removal of conditions stage. All your ex will do is, with the help of a sharp immigration lawyer, invoke one of those "exceptions" , write a great declaration which he will attach to the I-751, provide letters from various people and have the "condition" removed at the interview stage, which he will most likely attend with his lawyer present.
As my esteemed colleague remarked, it is time to move on with your life (and be more careful next time..)
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
6 lawyers agree
I already answered this question. If he was threatening you soon after marriage, but before the interview, then you should have called the police and ICE at that time.
At this point, after the approval, you appear like a frustrated and jilted spouse, whether you like it or not. The believability of your claim was diminished by your delay. That is why you should move on.
This is general information, not legal advice, and does not create an attorney client relationship.
I agree with my colleagues that it is rare someone who receives a conditional green card will end up being denied residency and/or deported based only on the claims of a former spouse. As well, claims of marriage fraud can be risky since the person being accused may try to counter-claim that the U.S. citizen or resident spouse was somehow involved in the alleged fraud, thus provoking an investigation into your conduct more so than his.
Of course, someone who is convicted of domestic violence, stalking, or other serious crimes risks having his/her residency status (green card) revoked and being deported as a result of the criminal conviction. Thus, I second the suggestion of other colleagues that if he continues to threaten you or otherwise conduct himself in a way that makes you feel at risk, the better course of action likely would be to contact the police to report the alleged criminal conduct and request a protective order.
Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not constitute legal advice or create an attorney/client relationship.