Skip to main content

CAN he be deported??? He used me for a green card.

Medford, MA |

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 ?

Attorney Answers 5

Posted

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.

Mark as helpful

4 lawyers agree

Posted

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.

The information that has been provided on this website, including information contained in any link or informational reference, does not – and shall not be considered to – constitute legal or professional advice. The reader should not consider such information to be an invitation for an attorney-client relationship, should neither act nor rely on such information, and should always seek the advice of competent counsel licensed in the reader's state. Attorneys with the For Purpose Law Group are generally licensed to practice law only in the State of California. The ability of the reader to access this website in another jurisdiction does not constitute the practice of law outside of California, or a representation that members of the For Purpose Law Group are licensed to practice in any other jurisdiction. This site is not intended to, nor does it establish an attorney / client relationship between you and this office.

Mark as helpful

5 lawyers agree

Posted

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.

Mark as helpful

6 lawyers agree

3 comments

Asker

Posted

Thanks for answering. I went to USCIS office directly and spoke to a fraud officer, he took my statement and put it in his file. I also wrote a letter, and have letters from witnesses of abuse. Doesn't a US citizen have any rights? It's hard for me to move on, I can't. I loved him and he was emotionally abusive to me, humiliated me and cheated on me. He is a poor excuse for a human being for what he did to me. Why wouldn't the letter get to USCIS?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

In the situation you described, you letter must already be in your ex's file and he will most likely be confronted with your claims during at the interview stage. But then again, please understand, your "allegations" will ultimately only carry that much weight, due to the fact that you will be perceived (or better yet, presented) as the biased, disgruntled spouse .. Again, please understand that your ex will be armed with his lawyer, and will, in all likelihood do whatever it takes to preserve his green card and stay in the U.S. His attorney will most likely tell him that if he doesn't win at the USCIS level, he will most likely win at the Immigration Court level, and am afraid he will be right. That is why, the sooner you let go of this and move on, better for you. Men (and women) come and go, but one's health and well being, if damaged, does not come back or heal that easily... Bear that in mind. Trust me, life will not be kind to your ex after this. He will ultimately pay in another way, when he least expects it...

Asker

Posted

Thanks. He already succeeded in destroying my life even further since now I have depression and chest pains at 24 due to what he did to me. Why do people like this exist? USCIS should consider him a fraud and it should be obvious to them that he married for a green card if he married only 3 months after coming to USA on a tourist visa and is trying to STAY after getting a divorce....shouldn't that be suspicious to them? I will also send a letter from my therapist. He literally destroyed my life and is now pretending I don't exist because he got what he wanted from me, so unfair :((

Posted

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.

Mark as helpful

4 lawyers agree

Posted

Hello,

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.

Best wishes,
Jennifer

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.

Mark as helpful

5 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics