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Once I cancel filed petition for my husband after 2 month he came to USA can he obtain green card / PR thru me????

Fresno, CA |

I am US citizen file for husband from india to came here but as soon he got to US we saprated after month. i went to immigration and cancel his petition. let immigration know he just want to Use me to get PR here in USA. my husband told me that. he had 2 year conditional green card. can he get green card after that ? even i cancle is papper.

Attorney Answers 5

  1. If your marriage was bona fide at its inception, your husband can get a ten-year green card.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. Only if he can prove that he entered into the marriage in good faith.

    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.

  3. If he will be able to present the case to USCIS that he intended to to live with you as husband and wife but for whatever reasons marriage fell apart he will be able to remove the condition from his GC.

  4. People say things they do not necessarily mean when they are upset. Since you separated, you will probably not apply for removal of condition jointly. He will probably have to seek a waiver once you divorce. If he shows he entered the marriage in good faith but the marriage did not work out, and USCIS is convinced, they will grant him permanent residency.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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