immigration fraud?

Hi I married a man from another country. I am a U.S born citizen, my exhusband came here under my sponsorship. after arriving here he left me after 3mo ( basically after he recieved his temp visa card). his card expired in 08. i received divrce based on cruel and inhuman tx. I have sent all my paperwork to immigration but he is still here. what can i do to get him deported. is he allowed to recieve and extention even though we are divorced and I have sent paperwork to INS
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Answers (3)

Jonathan H Levy

Jonathan H Levy Avvo Pro

Contributor Level 9
The decision to deport would be up to USCIS, there is nothing much you can do as you have provided all your paperwork. However, you could contact your US Senator or Congressman's office to see if they can get a status report from USCIS on your correspondence.
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Sarah M. Cross

Sarah M. Cross

Contributor Level 6
I agree with the previous response that the decision to deport your ex-husband in up to the discretion of the Department of Homeland Security. In order for our government to find fraud, the marriage must have been entered into for an illegal purpose (for instance, he married you just for the paperwork.) I understand that you feel that he used you for immigration benefits as he left after 3 months, but you need to have more substantial proof if you want to get any action out of the government. In addition to providing your divorce paperwork, you may want to provide any evidence of fraud that you are able to find such as emails or letters relating to his real intentions or some other verifiable proof. You can report immigration benefit fraud direcly to ICE.
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Sarah M. Cross

Sarah M. Cross

Contributor Level 6
I agree with the previous response that the decision to deport your ex-husband in up to the discretion of the Department of Homeland Security. In order for our government to find fraud, the marriage must have been entered into for an illegal purpose (for instance, he married you just for the paperwork.) I understand that you feel that he used you for immigration benefits as he left after 3 months, but you need to have more substantial proof if you want to get any action out of the government. In addition to providing your divorce paperwork, you may want to provide any evidence of fraud that you are able to find such as emails or letters relating to his real intentions or some other verifiable proof. You can report immigration benefit fraud direcly to ICE.

To answer your second questio, he is still entitled to petition for further immigration benefits even if you are divorced. Obviously, it will be very difficult for him to prove that your marriage was legitimate (on his part) if you are not willing to support his application and so, if he is trying to legally remain in the US based on his marriage to you, it will be extremely difficult for him. It will also be hard for him to petition to remain in the US if he marries someone else.

This answer is not intended to create an attorney-client relationship and is provided solely for informational purposes.
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