North Bergen, NJ asked in Immigration Law for New York

Q: What if green card holder wants divorce from us spouse who is doing dugs and cheating. What happens to their status? Tnx my friend married a us citizen 1 year and 9 months ago. He is waiting for green card. But the marriage turned sour a year ago when he caught his husband cheating on him. His husband( the us citizen) is doing illegal drugs in the house( where they both live) and has numerous lovers and affairs. Can my friend get a divorce from his spouse( the us citizen) without jeopardizing his status and getting his green card. My basic question what happens if an immigrant is following the law and is an upstanding person butctge us citizen they marry isn’t! And the us citizen they married bredks the law and isn’t faithful in the marriage. Can they divorce and still be protected by the courts. Will they still get their green card and if during this horrible marriage they meet another us citizen who is a decent person and follows the law and they fall in love with them can they marry them instead after they divorce the bad one. Thanks

Related Topics:
1 Lawyer Answer
Denise Anderson
Denise Anderson
  • Immigration Law Lawyer
  • Concord, NC

A: If the U.S citizen spouse is the unfaithful spouse. The other spouse can obtain a green card, absent the U.S citzen spouse's consent. An immigration attorney can assist the spouse to obtain a green card. I recommend the affected spouse to contact an immigration attorney to explore the available options. Your friend can contact an immigration attorney in any state within the U.S to assist him/her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.