Assuming this is the permanent resident card, he should be fine.
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 friend cannot file for citizenship, as he has not had his permanent residence long enough to qualify. He can get a divorce and keep his green card, but he needs good legal representation. I would strongly suggest that he consult with both an experienced immigration attorney and an experienced matrimonial attorney for professional help and guidance.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
This is a very delicate situation. You friends will need to discuss all pros and cons of inevitable divorce with a local immigration counsel as it will change the dynamics of his legal status and subsequent submissions to remove the condition on the LPR unilaterally with a bona fide package.
DISCLAIMER 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 opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602
He has options, but they won't be easy. He should get a local immigration attorney to guide him through the process.
Thomas J. Baker
Sacramento Immigration Attorney
Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.
If this was a good faith marriage and they have been married for six years, he doesn't have to worry about losing the greencard. If I was him in light of her threat to accuse him of fraud, I would be keeping records of her statements/actions in case there is trouble ahead. Read the requirements for N-400, if he just got his greencard in 2011, he doesn't qualify for USC yet.
Your friend should not continue being abused, but should seek advice from an immigration attorney about his situation. His options would be primarily based on whether the greencard he got back in 2011 is conditional or not. It seems like it was not a conditional one, and then he would be able to divorce his spouse without any immigration consequences.
DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or firstname.lastname@example.org or consult with your own legal advisor before taking any action based on information appearing here.