Buffalo, NY asked in Immigration Law for New York

Q: Hi I came USA on my husband spouses. And I have greencard it’s not a year yet. My husband still deport me take any actio

He can take any other action. Our relationship is not good.

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2 Lawyer Answers
Ghenadie Rusu
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Answered
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: If I understood correctly, you're concerned about your immigration status in the United States in the event of a divorce from your spouse. Since your green card is still conditional and valid for two years, your status is somewhat dependent on your marital situation. However, even in the case of a divorce, there are ways to transition to a regular green card.

You can file for the removal of conditions on your own using Form I-751, "Petition to Remove Conditions on Residence." Through this form, you'll need to demonstrate that your marriage was bona fide, meaning it was entered into in good faith and ended naturally.

If you are facing physical or psychological abuse from your husband, it's crucial to seek help. Contacting local law enforcement or calling 911 in emergencies is important. Being in an abusive relationship can impact your immigration process, as there are specific protections and provisions under U.S. immigration law for individuals in abusive situations.

Regarding threats of deportation, your husband does not have the authority to deport you.

Please contact an immigration attorney for a consultation.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you are in the United States on a green card obtained through your spouse, your immigration status is somewhat tied to your marriage, especially if it's a conditional green card (which is typically issued when the marriage is less than two years old). However, your husband cannot directly deport you or revoke your green card. The power to deport someone lies with the U.S. government, specifically the Department of Homeland Security, not with an individual, even if they are your spouse.

If there are significant issues in your relationship, it's important to know that there are protections in place for immigrants in difficult marital situations. If you are experiencing any form of abuse, you may have options under the Violence Against Women Act (VAWA), which allows certain spouses of U.S. citizens or lawful permanent residents to file for immigration relief without the abuser's assistance or knowledge.

In cases where the marriage is not working out, and you are considering separation or divorce, it's crucial to understand how this might affect your immigration status. In some cases, you might still be able to obtain permanent residency independently.

Given the complexities of immigration law and the serious nature of your situation, it would be wise to seek advice from an immigration attorney. They can provide guidance specific to your circumstances, including your rights and options regarding your immigration status and the steps you can take to protect yourself in your personal situation.

Remember, every case is unique, and it's important to make informed decisions based on professional legal advice tailored to your specific circumstances.

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