My ex husband had crossed the US border illegally and was a illegal immigrant with no chances of obtaining legal status. He married me and kept me as his wife for 6 years. After one month of receiving his green card he divorced me. This was a complete shock for me because I didn't know he was using me for immigration purposes. If I complain to immigration court what are the chances that he will be deported and have his green card taken back?
We have 1 child together.
Once you report him, USCIS and USICE will determine whether there is immigration fraud or a broken marriage. If there is concern for immigration fraud, they will send him to immigration court. That process will take years. Generally, marriage for 6 years will not count as marriage fraud.
Yes, you can complain to immigration ... but NOT to a court.
This is the link:
Report Crimes: Email or Call 1-866-DHS-2-ICE
Make sure you have documentary proof and not just your belief that he used you.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
If you feel there has been fraud here, you are within your rights to write a letter to DHS stating this. but, this doesn't mean they will feel that this is worthy of investigation or that anything will be done.
Clearly your husband DID have some chance of obtaining legal status if he did so through you. But a six year marriage resulting in a child isn't the strongest case for fraud - in fact, it looks more like a real marriage that simply didn't work out, or at least that appears like it was the case initially.
There's also the question of your child together - you may well have a completely legitimate reason to be angry with your ex - but is it really best for your child to deport his or her father (assuming he still takes some part in the child's life, and can better provide support here in the US)?
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