West Palm Beach, FL asked in Immigration Law for Florida

Q: Mi cousin is married to an us citizen, she went to colombia for vacations and her husband call her, to divorce her

She has a conditional green card, but he said that he is going to inmigration to ask then to dont let her in the country, can he do that?

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1 Lawyer Answer

A: U.S. Customs & Border Protection (CBP) should (if they follow the law) let her back in (so long as she is reentering during the validity period identified on her conditional permanent resident card), and I am confident that they would. It is not unusual for a U.S. Citizen Spouse, particularly if he or she is bitter about a relationship/marriage ending, to make threats and accusations. Tell your cousin to keep records of any threats/accusations made by the U.S. Citizen spouse. If your cousin does end up actually divorcing, it may still be possible for the conditions of her residency to be removed, without the help of the U.S. Citizen spouse. She should schedule a consultation with a competent immigration attorney when she returns to the U.S. following her vacation.

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