He been married 6 years, he just green card in 2011, she is cheating on him he want to divorce but she told him if he do she will say he married her for papers only, can he file for divorce without loosing green card ? Can he apply for citizen ship?
Assuming this is the permanent resident card, he should be fine.
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3 lawyers agree
Your friend cannot file for citizenship, as he has not had his permanent residence long enough to qualify. He can get a divorce and keep his green card, but he needs good legal representation. I would strongly suggest that he consult with both an experienced immigration attorney and an experienced matrimonial attorney for professional help and guidance.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
This is a very delicate situation. You friends will need to discuss all pros and cons of inevitable divorce with a local immigration counsel as it will change the dynamics of his legal status and subsequent submissions to remove the condition on the LPR unilaterally with a bona fide package.
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1 lawyer agrees
He has options, but they won't be easy. He should get a local immigration attorney to guide him through the process.
Thomas J. Baker
Sacramento Immigration Attorney
Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.
If this was a good faith marriage and they have been married for six years, he doesn't have to worry about losing the greencard. If I was him in light of her threat to accuse him of fraud, I would be keeping records of her statements/actions in case there is trouble ahead. Read the requirements for N-400, if he just got his greencard in 2011, he doesn't qualify for USC yet.
Your friend should not continue being abused, but should seek advice from an immigration attorney about his situation. His options would be primarily based on whether the greencard he got back in 2011 is conditional or not. It seems like it was not a conditional one, and then he would be able to divorce his spouse without any immigration consequences.
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