Illegal immigrant

You are entitled to a hearing before an immigration court if you are taken into custody. Since you lawfully entered the U.S., you can divorce. If you marry another U.S. Citizen or permanent resident, you may eventually be able to adjust status to become a permanent resident. However, there are a number of reasons that foreigners are denied in spite of marrying a U.S. Citizen.

You want to preserve all proof of your dating and subsequent marital relationship with your husband. The USCIS has a right to review that relationship as a matter of discretion. It is possible that it will not, but if USCIS suspects that you married for a greencard, even if it was due to a prior relationship, you can have challenges. Of course, the DHS may have to prove marriage fraud, complications may take place with second marriages.

I strongly recommend that you schedule an appointment or teleconference with a candid and experienced immigration and visa attorney. The attorney can review the situation and answer all of your questions.

The above is general information not meant to be legal advice. The above reply does not create an attorney-client relationship.

You may be able to file a self-petition as a battered spouse in order to obtain your green card. While the term "battered" is commonly interpreted to mean physical harm, it also includes mental distress. The fact that your husband held the "immigration carrot" over your head as a means of controling you can be sufficient reason for the petition to be approved. There are time limits involved in making a case such as this succuessful so you should consult with a qualified immigration attorney right away.