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What will happen if my boyfriend just received his permanent resident green card and his wife wants to cancel it

Miami, FL |

My boyfriend is married to his wife but there not together anymore and he wants to know can she call the immigration to cancel his permanent resident green card, he only had his permanent green card for only 3 weeks

Attorney Answers 3

Posted

His wife cannot "cancel" his green card, but if the your "boyfriend's" marriage was just to get a green card, the USCIS can revoke it.

Please click the link at the very bottom for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (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.

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Posted

Nothing. Absolutely nothing. Hopefully 'BF" has obtained the "permanent" (10 year) GC and not the temporary, 2 year valid one. If the latter, not to worry, he can file a divorce, and once obtaining it BF can self petition for the "removal of conditions" on his temporary GC by invoking one or more of the exceptions that exist to the joint filing requirement, among which "good faith" marriage, psychological cruelty or abuse. USCIS will usually not pay any attention to a disgruntled spouse's complaints or "reports" UNLESS the spurned or abandoned spouse will squeal such behavior on he part of the estranged spouse which "shocks one's conscience" or smacks of a pre-planned attempt to 'circumvent immigration laws" and gain GC status with a fake marriage. That might be cause to open an investigation, but again, that rarely happens, as USCIS receives daily (even hourly) complaints or reports by spurned spouses. As long as BF can prove (through oral testimony and documentary evidence) that the marriage was entered into in good faith, he has nothing to worry about.

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.

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Posted

Your boyfriend does have a reason to be worried if he has only had his permanent residency for 3 weeks, especially if he was not living with his wife at the time that his permanent residency was approved. It is possible that his wife could write an "angry letter" to Immigration which would be kept in his file, and could affect him in the future. It is also possible that Immigration could later accuse him of misrepresentation at the time that his permanent residency was approved, and then try to take his permanent residency away.

That being said there are probably defenses available to your boyfriend as long as he entered into his marriage for the right reasons, and can provide documentation proving this.

Monica Roisman, Esq., 2050 Coral Way #206, Miami, FL 33145 (305) 854-2211 The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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