You have nothing to withdraw, you did not give him a greencard, the government did. If you believe that he recieved his greencard fraudulantly you can provide evidence to USCIS, but you must have something of substance. He probably has abandoned his greencard anyway by having lived outside the U.S. for more than one year. You have a right to divorce your husband and seek spousal support.
Andre Olivie, Esq.
I agree, but it is also unclear why you waited so long to divorce him. On point to clarify is that he did not become a U.S. Citizen when you petitioned him. Instead, he became a conditional or lawful permanent resident. If he later became a naturalized U.S. Citizen, which seems unlikely, then he likely did that on his own.
As mentioned, a lawful permanent resident may abandon their immigrant status if he does not permanently reside in the United States. His decision to remain outside the U.S. for extended periods may eventually result in a problems at an airport or border.
Another conceivable issue is whether he was also married to someone else at the time that you petitioned him and he filed his adjustment of status application. If that is proven, then his permanent resident 'may' be rescinded.
It is up to the Department of Homeland Security whether it pursues a rescission, since this is not within your control after the petition and adjustment is approved. The information presented needs to be verified, which seems unlikely without DHS discretion. It seems like you should seek a divorce while he is in the U.S., based upon the physical separation and irreconcilable differences.
The above is general information, not legal advice, and does not create an attorney client relationship.
Why did it take you so many years to find out information about your husband that you should have found out before you married him?
You cannot withdraw his residency as you didnt grant it to him.
If his marriage to you was valid and bonafide, which you agreed it was at the interview, there is nothing to counteract that now. Its a bit late in the day.
The government has a period of time to rescind his green card, and it up to them to take any action they deem necessary if they have sufficient evidence before them.
As deplorable as it sounds, if you petition for your then spouse for a lawful permanent residence while being in a bona fide (legitimate marriage) and since that time he received it, you have no legal standing to withdraw his permanent status or block his naturalization absent of showing of fraud or misrepresentation. Best of luck to your future endeavors.
The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding.
Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction.
The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales.
Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues.
Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue.
For further inquiries please contact:
Attorney Alexander Ivakhnenko