This is a very delicate situation, and of course, you need to contact an immigration attorney that can help you with any and all issues that may come up. Most attorneys offer free consultations, whether they be via phone or Skype—and that’s something you would definitely benefit from. There are several unknown things here that are very important, for example, you say "visa" but by that do you mean a "Green Card"? What paperwork have you filed on his behalf? Did you file an I-130, Petition for Alien Relative, and has that been approved? Is he waiting on "Consular Processing" to get an "immigrant visa"? Chances are, that if you are at the beginning stages of said immigration proceedings, the process can be stopped since you may not "stay with him." I'd suggest you talk to an immigration attorney to tell you if the "Sponsor Contract" you have with the US Government reasuring that your spouse will not become a public charge, and that you'll reimburse the government if he does, is still valid (and if your spouse will be able to immigrate to the US).
ADVERTISING MATERIAL The content provided by this attorney is offered only as a public service to the web community and does not constitute solicitation or provision of legal advice. Comments by this attorney should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter. The comments and opinions expressed by this attorney on this website are of the individual author and may not reflect the opinions of any firm. Nothing on this site is intended to create an attorney-client relationship and nothing posted constitutes legal advice. Neither the transmission of the information contained on this site nor your use of the information or communication with this attorney creates an attorney-client relationship between you and this attorney. No information communicated to this attorney through this site will be protected by either the attorney-client privilege or the work product doctrine. An attorney-client relationship can only be created by the mutual assent of both parties and only after a consultation. This attorney cannot agree to be retained as counsel until a conflict-of-interest check is completed and a written engagement and fee agreement provided by this attorney is signed by you and this attorney. Some jurisdictions may have laws and regulations that differ substantially from one another. This attorney does not, through this site, seek to represent anyone where this site may fail to comply with the laws and ethical rules of that jurisdiction. The information contained on this website may be considered "Attorney Advertising" in some jurisdictions. The hiring of an attorney is an important decision, and should not be based solely on information obtained from advertising content. This site may contain descriptions of the attorney’s legal experience and outcomes of certain prior matters. However, each legal matter is composed of unique issues and the attorney’s descriptions are not intended to promise future results. The outcome of your case may vary from that of any other representation undertaken by this attorney, and any discussion of prior results on this website does not guarantee a similar outcome. ADVERTISING MATERIAL.Ask a similar question
If he already got the visa ... you have a big problem.
Talk to an attorney in private ... you might be able to alert ICE/CBP.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.Ask a similar question
Difficult to stop the process at this point.
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.Ask a similar question
If the visa has been issued you can't withdraw the petition, however, since your spouse was likely granted "conditional" permanent residence, you might be able to influence whether the "conditionality" is lifted at the end of the two years. You can talk contact ICE and/or consult with an attorney for more information.
Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.Ask a similar question