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Does my husband ve the right to tell USCIS to deny my I-751 petition because he is tired of the marriage and wants me deported?

Flagstaff, AZ |

i already had my biometric appointment taken and my case is now on initial review

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Attorney answers 4


Please consult with an attorney to discuss the specifics of your case. Yes, your husband can tell immigration anything he'd like. However, you must protect your rights and if you entered into the marriage in good faith and the marriage was bona fide when you married, you can apply for a waiver of the requirement that your husband file the I-751 with you. Your question is very case specific. It is imperative you consult with an immigration attorney to protect your legal status in the United States.


Attorney Heflin is correct here. You really need to consult an experienced immigration attorney near you as soon as possible to explore options to preserve your rights and to attempt to maintain your permanent resident status.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


I agree with my colleagues that he can tell or write to the USCIS what he likes. It is what he says/ writes, which may/ may not affect your joint application. If you know you are expecting trouble, you should retain a Counsel.

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.


Your husband can inform USCIS if he chooses. You should retain counsel if you think this may happen so you can properly and adequately prepare for how to retain your residence.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104